Section 81: Liability of Authority for loss of life or injury to passengers
(1) The Authority shall not be liable for the loss of life of or personal injury to any passenger, except where the loss of life or personal injury is caused by want of ordinary care, diligence or skill on the part of the Authority or any of its employees.
(2) The Authority shall not in any circumstances be liable for the loss of life of or personal injury to any passenger who-
(a) is travelling by special permission, whether verbal or written, in any part of a ship, vehicle or train, other than a part normally provided for the use of passengers;
(b) is travelling on a free pass;
(c) at the time the loss of life or injury occurred, is being carried by a transport service other than one provided by the Authority or under the control of the Authority.
(3) To avoid liability under the provisions of subsection (2) of this section, it shall-
(a) not be necessary for any notice to be given to the passenger of the conditions on which he travels; and
(b) be immaterial whether or not the passenger is an infant.
(4)
The Authority shall not be liable for the loss of life of, or personal injury to any passenger who is carried by the Authority when the loss of life or injury occurs during carriage by ship and arose from--
(a) an act of God;
(b) an act of war or of the enemies of the State;
(c) a fire, or an accident from machinery, boilers or steam; or
(d) a peril or an accident of the seas, inland waters. or navigation, of whatsoever nature or kind and arising from any cause whatsoever.
(5) Subject to subsection (4) of this section and to any condition expressed in the contract of carriage, the Authority shall be liable for any loss of life or personal injury which occurs during the carriage by ship to the extent to which it would be liable under the Merchant Shipping Act,as if the ship were registered under that Act and the Authority were the owner of the ship and not to any greater extent.
(6) Where the Authority seeks to avoid liability under the provisions of subsection (4) or (5) of this section, the burden of proving that any loss of life or injury occurred during the carriage by ship, shall lie on the Authority.
(7) For the purposes of this section "passenger" includes every person, other than an employee of the Authority on duty, lawfully travelling on any ship, vehicle or train owned or operated by the Authority.
Cite this section
Section 81, NIGERIAN PORTS AUTHORITY ACT (1999).
https://repo.podus.ai/laws/nigerian-ports-authority-act/section/81/