Legal Question in Personal Injury in India

James, aged 23, is a swimming champion at national level. He is active in social life also. While staying in a star hotel in Delhi, he goes for swimming. Except a eight year old boy no one else was there in the pool at that time. After ten minutes in the pool, he suddenly finds the boy struggling for breath, unable to swim, about to drown, and crying for help. James ignores him and continues with his swimming. The boy drowns and dies. Is James liable and for what reason?


Asked on 1/01/12, 8:31 pm

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

James cannot be held liable for criminal negligence as he is just a guest and not employed by the hotel. the hotel would certainly be liable for criminal negligence of leaving the pool unattended.

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Answered on 1/01/12, 10:40 pm
Sanjay Kalra Sanjay Kalra & Associates

No home work .

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Answered on 1/02/12, 12:12 am


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