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

the organisation‟s work in determining whether it is just and reasonable toimpose a duty of care. 1404.87 The Commission recommends that the proposed legislation shouldrequire volunteer organisations or undertakings to conform to the ordinarystandard of reasonable care in negligence. The Commission also recommendsthat the proposed legislation should provide that account be taken of thebenefits which have accrued to society because of the organisation’s work indetermining whether it is just and reasonable to impose a duty of care.(10) Effect on other duties4.88 To avoid any doubt, the Commission considers that the proposedlegislation should provide that the duties proposed should be in place of anycommon law (judge-made) duties that would otherwise apply to GoodSamaritans, volunteers and volunteer organisations or undertakings. This isconsistent with the approach taken in, for example, section 2 of the OccupiersLiability Act 1995 which made clear that the statutory duties contained in the1995 Act would not create a parallel set of statutory rules with which the pre-1995 common law rules might continue to compete.4.89 At the same time, the Commission is conscious that the proposedlegislation should not override statutory duties that have been put in place bythe Oireachtas, including the Occupiers Liability Act 1995 itself and otherlegislation, such as the Safety, Health and Welfare at Work Act 2005 which hasalready been referred to in this Report.4.90 On that basis, therefore, the Commission recommends that theproposed legislation should provide that the duties of Good Samaritans,volunteers and volunteer organisations or undertakings contained in it are inplace of any common law duties that would otherwise apply, but that thelegislation does not affect any civil liability that arises as a result of any otherstatutory duty or duties.4.91 The Commission recommends that the proposed legislation shouldprovide that the duties of Good Samaritans, volunteers and volunteerorganisations or undertakings contained in it are in place of any common law140In O’Keeffe v Hickey and the Minister for Education and Science [2008] IESC 72,Supreme Court, 19 December 2008, Hardiman J expressed some concern on theimpact of the extension of the principles of vicarious liability to a volunteerorganisation, in this case a school. The Commission notes the specificcircumstances of that case (which involved child abuse) and considers that itsrecommendations in this Report, with the proviso that the social utility of theactivities involved be taken into account, will avoid any unnecessary burden onvolunteer organisations.117