Trespassers
Kriti Goyal
(Querist) 27 August 2015
This query is : Resolved
A farmhouse is located on 2 acre plot of land.The owner of farmhouse keeps a ferocious dog and also employs a dog jandler to handle this dog.A board is also put on gate saying"Tredpassers will be prosecuted and beware of dogs" in capital bold letters. On the afternoon of 12august a group of boys playing cricket nearby the farm hit the ball into the farmhouse. A 7 year old boy enters the farmhouse to get the ball.The dog attacks the boy and dies of injuries.The family of boy sues the owner.Is the owner liable?
M/s. Y-not legal services
(Expert) 27 August 2015
dear author, you have to note one thing., indian law are not fixed one. it is flexible according to cases and circumstances.
so as of you stated, the owner of the farm house shall be charged, but acquittal or conviction its would be according to evidences before the trial.
Rajendra K Goyal
(Expert) 27 August 2015
Repeated:
http://www.lawyersclubindia.com/experts/Trespasser-in-torts-556221.asp#.Vd7vwSWqqko
Kriti Goyal
(Querist) 27 August 2015
Thanku so much for ur rwplies sir...actually my main query is as my teacher was teching in the class there us the same case and she told that the owner is liable.But according to me he should not be liable as he took the proper care that this circumstance might nit happen.So now the owner cant be held liable for the child's own mistake.This is what I want to make clear to myself.Please tell me if I m going right or not.
M/s. Y-not legal services
(Expert) 27 August 2015
so lets drop now. its not a place for discuss on an academic query..
all the best for your studies.
Kriti Goyal
(Querist) 27 August 2015
Thanku so much sir for your wishes.Sir your one answer will help me very much to understand the whole topic.So if you find it suitable to answer please do.
M/s. Y-not legal services
(Expert) 28 August 2015
already i told you that our law is flexible.. so we can take it as of we need..
we are advocates., if the deceased boy's father is our client mean we going to fight against the farm house owner.,
on the other hand if the owner is our client mean we going to fight to acquittal the case. thats it..
very simple sir..
