Sunday, January 01, 2006

TORT - Negligence & Recklessness

The accident that killed Dr Liew Boon Horng was classified as "Sudden Death".

Police investigation is ongoing and the Atorney-General is waiting for the report to decide whether there is an offence indictable.

The family of Dr Liew can institute civil proceedings against the property developer and the contractor for criminal damages under the Law of Tort.

Any such damages suit will include burial cost, bereavement and loss of dependency. dependency claim is the income that the victim would have earned had he been alive.

However, under the Civil Law Act 1956 (amended 1980), the maximum liability will be up to a maximum limit of the total current income up to the age of 55, divided by two. In literal sense, Dr Liew is 35; so he had 20 years till age 55, and divided by 2, his family can claim dependency up to a maximum of 10 years.

If the victim is 56 year-old, and killed as a result of reckless negligence, the family will get nothing under loss of dependency.

Will this incident wake up all contractors and property developers; including governmental bodies and regulators?

Will we learnt a lesson from here, or will this kind of incident need to be repeated a few more times until a minister's son or son-in-law is strickened before we learnt to be safety conscious and adopt it as a culture in the system of construction management?

The hypothesis is: The regulators had been sleeping. Most construction projects, particularly high-rise buildings under construction lack proper safety and health control system. What we see of those safety nets, safety shoes and helmets are for the purpose of visibility. There is no system to monitor and control safety and health. There exist only activities that denotes safety; not fundamental of a system management.

DOSH, NOISH, HSE - All are bullshit!!! System dysfunctioning yet, the executives are parading their efforts of incompetence in the name of competence.

I cry for Malaysians; but I don't cry for Dr Liew. He is too rich to need me to cry. Maybe, Khairy can cry.

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