Tort Liability of Public Authorities

torts du_llb intermediate mcq_help

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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