Immunity for owners of property when individuals enter property to remove graffiti
12 Immunity for owners of property when individuals enter property to remove graffiti
This section applies to the owner of a place who owes a duty of care to an individual who enters that place.
An action in tort does not lie against the owner of a place for death or injury suffered by an individual resulting from the individual’s involvement in graffiti removal under this Act or under a community order, unless a breach of the owner’s duty of care amounts to gross negligence.
An action in tort against the owner that is prevented by subsection (2) may be taken instead against the State as if the State owed the duty of care.
If a breach of the owner’s duty of care is found to have amounted to gross negligence, the State may recover from the owner as a debt any damages, including costs, paid by the State as a result of any action taken under subsection (3).
This Act’s bill:Explanatory memorandumSecond reading speech
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