Would Municipality be liable to pay damages for death of a Doctor slipped away in open pothole during a heavy rain?:
Case is of law of Tort. Whosoever has duty to take care, but neglects to take care, will be liable to pay damages.
Defense of Municipality is, (in this imaginary case) that some local residents removed the lid of pothole due to heavy rain, and the heavy rain is Act of God, and therefore, Municipality is not liable.
Defense of Act of God is not tenable. Because, cause of death is due to slipping in an open pothole. It is duty of Municipality to maintain such holes in safe condition.
Second defence "Some local resident removed lid" is a matter of Evidence. Most probably, Municipality will not find witnesses.
I have written this only for public education purpose. This is not a general legal advice.
It may be noted that after 2008 Justice #Katju judgement, even Govt hospitals are liable for damages for negligence.
