civil liability of good samaritans and volunteers - Law Reform ...

volunteering activities. Thus, a Good Samaritan or volunteer may be covered insuch situations by the 1961 Act.4.05 Unlike motor insurance, there is no compulsory requirement inrespect of the insurance of public liability risks. As Buckley notes, 2 individualsand commercial concerns may, therefore, decide whether or not to insureagainst liability to members of the public in respect of injury or damage toproperty caused by their negligence. Where they choose to do so, he notesthat the general public liability policy insures against the risk of legal liability topay compensation for accidental personal injury, or physical damage to materialproperty. 3 It should be noted, in this regard, that the indemnity provided by ageneral public liability policy relates only to legal liability arising from anaccidental event or occurrence resulting in personal injury, illness, disease, lossof or damage to property of third parties. 44.06 Buckley notes the difficulty encountered by the courts in defining theterm “accidental.” 5 While much will ultimately depend on the wording of theparticular policy, Buckley asserts that the rationale for using the word is toensure that only unexpected and unintended events, as opposed to deliberateacts or omissions, are covered by the policy. In the course of determining theintention of one particular public liability policy the Supreme Court, in RohanConstruction Ltd v Insurance Corporation of Ireland Ltd, 6 accepted thestatement of Lord Lindley in Fenton v Thorley & Co Ltd. 7 that:“The word „accident‟ is not a technical legal term with a clearlydefined meaning. Speaking generally, but with reference to legalliabilities, an accident means an unintended and unexpectedoccurrence which produces hurt or loss. But it is often used todenote any unintended and unexpected loss or hurt apart from itscause; and if the cause is not known the loss or hurt itself wouldcertainly be called an accident. The word „accident‟ is also oftenused to denote both the cause and the effect, no attempt being madeto discriminate between them. The great majority of what are calledaccidents is occasioned by carelessness; but for legal purposes it is234567Buckley, Insurance Law, 2 nd ed (Thomson Roundhall 2006) at paragraph 10.01.Ibid at paragraph 10.02.Ibid at paragraph 10.02.Ibid at paragraphs 10.02-10.08.[1986] ILRM 373.[1903] AC 443 at 448.86