Sir, – I don't dispute Anne Strahan's central assertion (Letters, March 30th) regarding farmers' reluctance to allow recreational users cross their land, with insurance being her cited reason.
As I understand it, a farmer’s duty to recreational users, under the 1995 Occupier Liability Act, is summed up as to not deliberately injure them or act with reckless disregard to their safety.
Many farmers either do not know, or choose to pretend not to know, this. Should the farmer charge the recreational user, the law now classifies the recreational user as a visitor and an elevated common duty of care applies.
Perhaps this is the nub of the problem – the farmer cannot directly monetise entry without shouldering the public liability burden?
Ireland markets itself as a great outdoor destination. As a local, navigating the nuanced intent of signage, which occupies the spectrum between “You are now entering a farm” to “Keep out”, can be difficult. I have passed signs that were likely designed not to keep me out but to diminish my supposed litigious intent; on the other hand, landowners have reacted negatively where I passed no sign. How foreign visitors navigate this minefield and retain an “Ireland of the welcomes” impression is an interesting question. – Yours, etc,
GERRY CHRISTIE,
Tralee,
Co Kerry.