Section 99: Liablity 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 servants.
(2) The Authority shall not in any circumstances be liable for the loss of life of, or personal injury to any passenger-
(a) who 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) who is travelling on a free pass;
(c) who at the time such loss of life or injury occurred is being carried by any transport service other than one provided by the Authority or under the control of the Authority, and to avoid liability in accordance with the provisions of this subsection, it shall not be necessary for any notice to be given to such passenger of the conditions on which he travels and it shall be immaterial whether or not the passenger is an infant.
(3) The Authority shall not be liable for the loss of life 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) act of God;
(b) act of war or the enemies of the State;
(c) fire, or accident from machinery, boilers or steam;
(d) any peril or accident of the seas, inland waters, or navigation, of whatsoever nature or and and from whatsoever cause arising, but subject thereto and to any condition expressed in the contract of carriage, the Authority shall be liable for any such loss of life of personal injury which occurs during the carriage by ship to the extent to which they would be liable under the Merchant Shipping Act, as if the ship were registered under that Act and the Authority were the owner of that ship and not to any greater extent.
(4) Where the Authority seeks to avoid liability under the provisions of subsection (3) of this section the burden of proving that any such loss of life or injury occurred during the carriage by ship shall lie upon the Authority.
(5) For the purposes of this section, the expression "passenger" includes every person, other than a servant of the Authority on duty, lawfully travelling on any ship, vehicle or train owned or operated by the Authority.
Cite this section
Section 99, PORTS ACT (1956).
https://repo.podus.ai/laws/ports-act/section/99/