Question

Principle: Any person who knowingly and voluntarily risks danger cannot recover for any resulting injury.
Facts: A, B, C, D, E, and F are sitting on G‘s tractor. While crossing an unmanned railway crossing, it was hit by a train, which led to extensive damage to the tractor and people sitting on it. All of them want to sue the railway for the damage caused. Will they succeed?

• A. Yes, because it is the duty of the Railway to ensure every crossing is secured electronically or otherwise.
• B. Yes, while using the tractor as a means of transportation, none of them undertook a voluntary risk of being hit by a train.
• C. No, the tractor is not meant to be used for ferrying passengers, and anyone doing so voluntarily undertakes the risk of any injury.
• D. No, they were crossing an unmanned railway crossing, which presents a known risk due to the possibility of trains passing without warning.

Hint:

Always consider the principle of voluntarily assuming risks in such cases.

Answer 1

The Correct Option is D

The principle states that knowingly and voluntarily risking danger negates the right to recover damages. An unmanned railway crossing presents a known risk of encountering a train without warning, and thus they voluntarily assumed this risk.