Charlie owns a farm in County Waterford. The farmyard is an old farmyard that has an old milking parlor. Access to the yard is by a gate but Charlie never locks the gate as he is always losing his keys. His farm is located alongside the local national school and the school kids are always accidentally kicking footballs into the farmyard.
The farmyard has lots of holes and bumps but Charlie knows where they are and has never bothered to fill them back in. Charlie has phoned the school on numerous occasions to tell the principal that the kids keep trespassing onto his land and that they should not be on his farmyard.
Teddy went onto the farmyard last week to collect a ball that had been kicked over the gate. He stepped into a hole in the yard and broke his ankle. Charlie is worried that he might be sued by Teddy.
Charlie has heard about a piece of legislation called the Occupiers’ Liability Act 1995 and is wondering how this may apply to his situation. As his solicitor, he comes to you for advice on this.