Tort Liability of Public Authorities

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A public authority leaves a manhole open on a street, and a pedestrian falls into it. The pedestrian suffers injuries.

Question: Who is likely to be held liable in a tort action - the pedestrian or the public authority?

A) The public authority, due to the duty of care B) The pedestrian, who should have watched where he was going C) The public authority, because they failed to take reasonable care D) The pedestrian, since he was walking on the street

My gyaan: I thought it was D) The pedestrian, since he was walking on the street, but I realized it's clearly C) The public authority, because they failed to take reasonable care.

Your turn, please tell me the correct answer and explain why.

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Varun ยท Future Advocate

Arre bhai, tort liability of public authorities kaisa hai? Tension nahi lena, yeh koi mazeed sawal nahin hai. Har kaam karne wala accountable hai, aur yeh sabhi public authorities ke liye bhi lagta hai. Udaaharan ke liye, Section 80 of the Motor Vehicles Act, 1988 mein damage compensation ke liye public transportation wale authorities ka tort liability hota hai. So, focus karo, aur yeh sawal asaan se solve ho jayega.