New legislation comes into effect today as part of the Government's Action Plan for Insurance Reform, the measures may reduce claims and the cost of insurance for businesses.
The law aims to rebalance the duty of care between occupiers such as businesses, community groups and organisers of events, and visitors, recreational users and trespassers.
Speaking on RTÉ's News at One, Minister for Justice Helen McEntee said the measures were part of the Government's effort to reduce the cost of insurance for people.
"What we're doing with this new law, and it's effective as of today, is saying that if you go into [a] business or if you injure yourself where there has been reasonable steps taken by the proprietor to keep you safe then you have to take a level of responsibility.
"Perhaps an outdoor space where the business owner has put in steps to go up a grassy verge, but a person arrives and decides to walk up the side of the grass, instead of taking those steps and they slip and fall then there has to be a level of responsibility," said Ms McEntee.
Under the legislation, limits will also be placed on the circumstances in which a court can impose liability on the occupier where a person has entered onto premises in order to commit a crime.
The changes have long been sought by insurance reform campaigners, who claim they will bring the cost of cover down.
The amendments see a number of recent court decisions which rebalance the duty of care inserted into primary law.
Under the old legislation, an occupier need only have had reasonable knowledge of a hazard to be considered to have acted with reckless disregard for a visitor or consumer.
Now the standard when liability is being considered is whether the occupier acted recklessly in relation to a hazard.
A broader range of scenarios where it can be shown that a visitor or customer has voluntarily assumed a risk resulting in harm will also be allowed.
Ms McEntee said since the adoption of personal injury guidelines, there has been a 38% reduction in the amount of money people are getting in court and a 40% reduction of people actually going to court.
"So you know we're starting to see benefits of the changes that are happening," said Ms McEntee.
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Campaign group Alliance for Insurance Reform is calling for insurers to immediately lower premiums.
Its CEO Brian Hanley said that the legislative change stands to benefit whole sectors of society.
Speaking on RTÉ's Morning Ireland, he added that the legislation requires that customers exercise a reasonable degree of care for their own safety, and the onus is on people to be responsible for their own actions first and foremost.
"The legislation restricts the circumstances in which trespassers may pursue a successful claim. Up until now liability could only be waived by written agreement, the legislation significantly expands the circumstances in which such liability can now be waived, there is a voluntary assumption of risk," he said.
Mr Hanley said that if the legislation is implemented meaningfully, it has the possibility to change the liability landscape and reduce the number of minor slips, trips and falls going through the courts.
"There are such things as accidents and not every accident is somebody else’s fault requiring compensation," he commented.
Insurance premium increases 'unsustainable' - business owner
Linda Murray of Huckleberry's Den play centre and The Zone Karting and bowling centre in Navan, Co Meath, has been campaigning for these reforms for years.
The play centre faced closure after seeing what Linda called "unsustainable" increases in its insurance premiums due to a small number of claims.
She said the premium jumped from €2,500 in its first year to more than €26,000 in its first ten years in business.
Ms Murray said: "That was unsustainable, as you can imagine. It would be very hard to make that much in admissions, it’s €7 to come into somewhere like this.
"I had a couple of claims in, and unfortunately, when you claim against a business, it’s going to fall back on the business. The Insurance companies have to get their money back."
"It almost led to me closing down", she said.
Ms Murray said the "only reason" she was still in business, was by accessing a group insurance scheme with a number of other similar leisure businesses around the country.
Ms Murray said she was extremely happy with new insurance reforms that came into effect today, particularly changes in relation to duty of care.
"I’ve wanted this for so many years", she said.
Ms Murray said that it balances the responsibility on both the customer and the owner.
She said: "We’ll still do our part, we’ll still make sure our place is safe, but I think it just reduces the stress of the claims that perhaps come in. Because it’s letting people know they have to take duty of care themselves.
"If I’m going out to a play centre, if I’m going horse riding, if I’m going to play soccer, I know that I’m going to do something that involves a bit of movement, a bit of risk and that I’m taking that onus of responsibility on myself.
"All I have wanted for years is that if I have don’t nothing wrong, please don’t be entitled to sue me, don’t feel you should be getting money from me if I have done nothing wrong. Keep kids playing and active, keep the fun in all of this, let us businesses survive."
Ms Murray called on insurance companies to now pass on any reductions in claims and pay-outs to policyholders, saying the ball is now in their court.
