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Mohini Pandey   09 September 2024

Negligence

Just two months after a newly redeveloped building was completed, it suddenly collapsed, causing significant damage. While, thankfully, no one was hurt, the collapse destroyed some neighboring properties and also blew away the roofs and belongings of nearby huts that had been built illegally. The building owners had followed all the redevelopment guidelines, and the contractor hired was reputable, yet the collapse raised suspicions of negligence. Now, the neighboring property owners are preparing to file a lawsuit against the building’s owners and contractors, arguing that such a collapse wouldn’t have occurred unless there was some negligence during the construction. On top of that, the people living in the illegally constructed huts are also demanding compensation, claiming that the collapse has ruined their homes and livelihoods. Even though their structures weren’t legal, they’re still seeking some form of relief. The entire community, including us, is caught in a difficult situation—dealing with both the potential legal consequences and the moral dilemma of how to address the compensation claims of those living in the illegal huts. Will the building owner or contractor be liable? If yes, then how can we prove it?



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 1 Replies

Sudarshana   27 September 2024

Certainly, but first neglifence has to be established. This can be done by proving that there was a breach of duty,which may include inadequate construction practices, or failure to conduct inspections or any default in the quality of the raw materials. Experts have to establish a direct link between the collapse and fault. The experts need to establish any kind of mistake on the part of the builders which may be failure in construction or design flaw etc. 

The damage suffered by the neighbours should be significantly proven.

But since the surrounding neighbourhood was illegaly constructed, in cases like this it is rather advisable for the contracter and the people to approach to mediation or settle with compensation.


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