A child age 6 year fall in water tank when he is playing my concern is that the water tank is in my property so is family of the child can do anything to me? A child age 6 year fall in water tank when he is playing my concern is that the water tank is in my property so is family of the child can do anything to me?

1 year ago

A child age 6 year fall in water tank when he is playing my concern is that the water tank is in my property so is family of the child can do anything to me?

Abhimanyu Shandilya

Responded 1 year ago

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A.Dear Client
They can do so if they are able to prove some kind of negligence on your behalf. Since it was in your property then I guess they are negligent and not you but again the answer to this question lies on other facts around the tank.
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Anik

Responded 1 year ago

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A.Dear client,
Being the owner of a water tank, you will have some implied duties to take care of.
They might sue you for Negligence As A Tort. In legal sense it signifies failure to exercise the standard of care which you, as a reasonable man should have exercised in some circumstances. In general, there is a legal duty to take care when it was reasonably foreseeable that failure to do so was likely to cause injury. Negligence is a mode in which many kinds of harm may be caused by not taking such adequate precautions.
You could have taken adequate precautions by
- Closing the water tank
- Informing the parents about the presence of a water tank
- Putting a board indicating the water tank
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 1 year ago

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A.Dear Sir,
The owner of the water tank always have responsibility to see that some protection must be provided to the water tank. Second is that you can take defence that the child and some other person trespassed into your property and removed the protection on the water tank as a result incident might have been happened for which you are not responsible to pay any compensation.
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