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Whose Liablity if a wall tile comes out and someone get injured
19-Jun-2023 (In Property Law)
My ques is that whose liablity it will be if a wall tile comes out from the wall of balcony and fall on the road getting someone injured..is builder responsible who poorly fix the tiles or actual flat owner?
Hi,
This injury attracts liability under the law of torts. it is the duty of the person to keep proper check of his/ her belongings and making sure it does not hurt any third person. Having said that if the defect was latent which could not have been known from reasonable inspection the duty will fall on builder. But if defect is patent and any person with reasonable inspection could have find defect than liability will be of actual flat owner. Third person to whom injury has been caused will take action against actual flat owner. it is on later stage if any settlement proceeds between builder and actual flat owner. Practically speaking, builder wont take liability for same.
This injury attracts liability under the law of torts. it is the duty of the person to keep proper check of his/ her belongings and making sure it does not hurt any third person. Having said that if the defect was latent which could not have been known from reasonable inspection the duty will fall on builder. But if defect is patent and any person with reasonable inspection could have find defect than liability will be of actual flat owner. Third person to whom injury has been caused will take action against actual flat owner. it is on later stage if any settlement proceeds between builder and actual flat owner. Practically speaking, builder wont take liability for same.
Helpful?
Adv. Siddhant Sharma
Delhi | 500+ Answers
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Actual flat owner is responsible for the loss causes to the stranger .
However the flat owner can file a case against the builder for deficiency in service if the flat is newly but . The other alternative is flat owner can file a case in the civil court for damages
However the flat owner can file a case against the builder for deficiency in service if the flat is newly but . The other alternative is flat owner can file a case in the civil court for damages
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Adv. Vandna Beri
Delhi | 25+ Answers
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