Recreational Facility Safety: Occupier’s Liability to Ensure Safety of Entrants into Premises

Oluwakemi T. Eboda

The law defines Occupier’s liability as the liability of the occupier of premises, fixed or moveable structure for any injury sustained by a person who enters it, as a result of the state of the property.

Occupier’s Liability is the liability of a person who has the occupation or control of premises, for injury occasioned to anyone who enters it, as a result of the state of the premises, fixed or moveable structure.

Every outdoor recreational facility involves inherent risks. Places like the amusement parks, gym centers, beaches, etc., have risks that are known to even participants.
In fact, the pursuit of these risks is the reasons for their active participation. This act on its own is a demonstration of the acceptance of these risks. Nonetheless, it is not a tenable reason for the occupier of a premises to disregard the duty that he owes to visitors despite the legality or otherwise of the entry.
Many of these outdoor adventures have natural hazards. People participating in outdoor adventure activities with inherent risks in places with natural hazards may suffer losses to their persons that may result in severe injuries or death.

In the same vein the managers of these places may be exposed to the risk of litigation should participants be killed or injured.
It is just unfortunate that most victims in our clime are not aware of their right which is guaranteed under the constitution of the Federal Republic of Nigeria.

One of the easiest ways for occupiers of such premises to manage and minimize the risks would be to deny accessibility of the general public to partake in the outdoor adventure activities in their premises. But then, the purpose of setting up the business would be defeated by the implementation of this control measure.
Therefore, if the occupier chose to open his premises to the participation of the general public, then, he must be ready to conduct his affairs in a responsible…

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