Question
Mr. Combani, a billionaire from Mumbai, opens a zoo named 'Narnia' which is 1 km away from a village near Surat, Gujarat. He gets exotic
Mr. Combani, a billionaire from Mumbai, opens a zoo named 'Narnia' which is 1 km away from a village near Surat, Gujarat. He gets exotic animals such as lions and tigers from South Africa; exceptionally rare breeds of snakes and crocodiles from Australia; beautiful and rare breeds of monkeys from South America; polar bears and snow leopards from Siberia. To maintain the low temperature for polar bears and snow leopards, a special tank is installed in their cages with chemicals in them. The chemicals used are hazardous. If this chemical is not handled with care, it will vaporize and emit noxious fumes that can cause physical injury.
Mr. Barney is the architect and builder of 'Narnia' and is renowned for designing some world-famous zoos. All parts of 'Narnia' were constructed as per the standard specifications and so far, there has not been a single adverse incident in any of the properties which he has constructed. Every year, Mr. Combani asks the local municipality officers to do a parameter check of the zoo surroundings to make sure that everything is in order and in case any natural calamity occurs, Narnia's land and construction plan will be strong enough to save all its inhabitant animals. Similarly, the parameter check was done in the year of 2021 as well.
During the last week of the month of December 2021, owing to the global warming related weather changes, Gujarat receives an unprecedented amount of rainfall accompanied with frequent thunderstorms. This resulted in floods causing monkeys and snow leopards to escape from their enclosure. The snow leopards and monkeys began running around the zoo. One snow leopard mauled a zookeeper who was trying to scare the leopard back into its cage. Two other snow leopards escaped to the nearby village and caused severe damage including physical harm to inhabitants. The monkeys got into the polar bear cage and caused the destruction of tanks with hazardous chemicals. The noxious fumes of the hazardous gas were released in the atmosphere. The gas caused partial blindness to the residents living nearby. Its fumes also severely caused respiratory issues leading to an unfortunate demise of some people.
Advise all parties on possible causes of action under Tort law. Discuss those torts, any defenses, and potential remedies.
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