Legal Question in Personal Injury in India

A 67-year-old blind man was waiting in his apartment building for the lift doors to open, but when they did open, no lift car was waiting when he stepped inside and he plunged 25 feet down a lift to his death

David Perecman an injury lawyer said: "Based on several news reports in my opinion, there appears to be little doubt that the accident and wrongful death is the fault of building management and possibly even the company that services the elevators in the dead man's building.Most elevator accidents issue for the courts, usually comes down to proving that the injury to the plaintiff was a result of negligence on the part of the people responsible for the care and upkeep of the elevator.

"But in this case, should [the victim's] family seek legal redress for wrongful death, there may be no need to prove negligence. The court uses a doctrine known by its Latin name, 'Res ipsa loquitor,'( the act speaks for itself)(in English), which in this case seems obvious. A blind tenant waiting for an elevator, the elevator doors open, but the elevator cab isn't there and the man falls down the elevator shaft to his death. The act speaks for itself," he stated whilst the courts could reject a compensation claim if the victim had contributed to their injury in some way, it is fairly certain that the 67-year-old did not cause his own death.

Even Apex Courts of India take liberty to make references of judgments in other countries while making orders.

What Perecman said �Res ipsa loquitor� is applied in cases in India as well?

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