TORT LAW — Negligence — Occupier’s Liability — No Liability for Escape of Fire Due to Negligent Act of Strangers
Principle Statement
The only occasion when the occupier would not be liable for negligence, was when the negligence, was the negligence of a stranger... where a stranger who in lighting a fire — (either to chase out an animal or animals from a bush), or allowing it to escape, acts contrary to anything which the occupier could anticipate that he would do, such an occupier, in my respectful view, would not be liable for such act.
Ratio Decidendi (Source)
Per Ogbuagu, JSC, in UTBN v. Ozoemena (2007) NLC-123-129-2001(SC) at p. 37; Paras B–D.
"The only occasion when the occupier would not be liable for negligence, was when the negligence, was the negligence of a stranger... where a stranger who in lighting a fire — (either to chase out an animal or animals from a bush), or allowing it to escape, acts contrary to anything which the occupier could anticipate that he would do, such an occupier, in my respectful view, would not be liable for such act."
Explanation / Scope
This principle establishes that an occupier is not liable for negligence caused by strangers where the act was not reasonably foreseeable. Where a stranger lights a fire or acts in a manner the occupier could not anticipate, the occupier bears no liability. The principle applies in occupier’s liability claims involving fire or similar hazards. It protects occupiers from liability for unforeseeable acts of third parties. The court must determine whether the act was reasonably foreseeable. The principle reflects the limits of the duty of care. It applies where the occupier had no control over the stranger’s actions. The principle ensures fairness in imposing liability.
