TORTIOUS LIABILITY WITH REGARDS TO POOR ROAD CONDITIONS
Downloads
Abstract
The high number of accidents and mishaps that occur because of improper road conditions is horrifying. There exists a great deal of red-tapism, and the government agencies frequently exculpate themselves from assuming liability in such occurrences. These issues leave the common populace with no legal remedy, and the government, which should be held liable, are often let loose from taking responsibility. According to the statistics available on the Ministry of Road Transport and Highways website, in the year of 2018 alone, a total of 14,290 accidents had occurred due to potholes that went unfixed and an appalling 2015 deaths due to the same. It is also worth noting that these statistics only reflect the reported accidents; the real figure could be much higher.
Year after year, scores of people end up injured much worse dead due to improper road conditions, which include but are not limited to potholes, uneven road surfaces, faulty road engineering, and non-durable road materials used for road repairs. This paper aims to look into India's present legal framework to deal with accidents occurring due to poor road conditions and further attempt to provide effective solutions to deal with the same. The author will likewise endeavour to see if civil liability under the tort of negligence can be invoked against the government agencies that are depended on with the obligation to maintain public roads in a safe and sound manner.
External References to this Article
Loading reference data...
License Terms
Ownership and Licensing:
Authors of research papers submitted to any journal published by The Law Brigade Publishers retain the copyright of their work while granting the journal specific rights. Authors maintain ownership of the copyright and grant the journal the right of first publication. Simultaneously, authors agree to license their research papers under the Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) License.
License Permissions:
Under the CC BY-SA 4.0 License, others are permitted to share and adapt the work, even for commercial purposes, provided that appropriate attribution is given to the authors, and acknowledgment is made of the initial publication by The Law Brigade Publishers. This license encourages the broad dissemination and reuse of research papers while ensuring that the original work is properly credited.
Additional Distribution Arrangements:
Authors are free to enter into separate, non-exclusive contractual arrangements for distributing the published version of the work (e.g., posting it to institutional repositories or publishing it in books), provided that the original publication by The Law Brigade Publishers is acknowledged.
Online Posting:
Authors are encouraged to share their work online (e.g., in institutional repositories or on personal websites) both prior to submission and after publication. This practice can facilitate productive exchanges and increase the visibility and citation of the work.
Responsibility and Liability:
Authors are responsible for ensuring that their submitted research papers do not infringe on the copyright, privacy, or other rights of third parties. The Law Brigade Publishers disclaims any liability for any copyright infringement or violation of third-party rights within the submitted research papers.
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
Copyright © 2026 by Kailash Srinivasan
The copyright and license terms mentioned on this page take precedence over any other license terms mentioned on the article full text PDF or any other material associated with the article.
