Understanding and using tort in Indian start-up ecosystem

Abstract

Multiple accidents happen in India, not because of consumers' fault but because of ignorance of the corporate firms, products, or service providers. After being victims of these accidents, we start trying to escape the trauma or recover those dents done to us. Awareness of the law called Tort would help in these circumstances. We do not retaliate or take appropriate action against those at fault. Our intention in doing this project is first to assess the awareness of the law, its implications, and remedies available to a broader audience of consumers. It is not just a Tort but also a variety of torts. A tort can be broadly divided into three categories – • Intentional Tort • Negligent Tort • Tort Under Strict Liability The Supreme Court of India has helped shape the law of Torts in India through its numerous landmark judgments. Several times, it has also been observed that there is a need to codify the law of Tort to facilitate its greater use. The principles of Torts have also been applied in newer legislation such as the "Environment Protection Act of year 1986", "The Consumer Protection Act of year 1986", "The Human Rights Protection Act 1988", "The Motor Vehicles Act, 1988". However, it is still observed that the branch of Torts is still growing and developing in India compared to developed countries. Now that we understand how cases of tort litigations are increasing across the world. The same has now getting reflected in India as well. Though the numbers are still meagre concerning western countries, it is essential to understand how Indian start-ups prepare themselves for the future. To avoid any tort litigation, any firm needs to understand its duty of care well and then go beyond its standard operations to ensure the safety of its customers/users. Otherwise, there have been instances where customers faced some problems due to some negligence by the firm. However, customers still did not take this to court. The reason could be a lack of information about the power through Tort or a lack of motivation to take the hassle of lodging/pursuing the case with the court. Through this project, we want to understand the current view of Indian customers and start-ups and the impact of global changing trends regarding tort litigation.