Friday, July 17, 2009

Occupier's Liability

A common duty of care is owed by the occupier of premises.

The duty is also owed to persons "other than visitors". This includes trespassers, persons exercising private rights of way and entrants to National Parks.

A duty will be owed by the occupier if:

(a) he is aware of the danger or has reasonable grounds to believe that it exists;

(b) he knows or has reasonable grounds to believe that the other is in the vicinity of the danger concerned or that he may come into the vicinity of the danger; and

(c) the risk is one against which, in all the circumstances of the case, he may reasonably be expected to offer the other some protection.

The duty is to take such care as is reasonable in all the circumstances of the case to see that the visitor or non-visitor does not suffer injury on the premises by reason of the danger concerned.

The occupier is any person who has a sufficient degree of control over premises.

Malaysia do not have an Occupier Liability Act. However, Section 3 of the Malaysian Civil Law Act 1956 provides that the Malaysian Courts shall apply the Common Law of England and the Rules of Equity as administered in England.

The aide of a Selangor state executive councillor plunged to his death from the Malaysian Anti-Corruption Commission (MACC) Selangor headquarters in Shah Alam.

Teoh Beng Hock's body was found on the rooftop of a building next to the towering block which houses the MACC headquarters.

The MACC is the occupier of the building and could be held responsible for his death. That duty is of care is a duty to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted to be there.

28 comments:

artchan said...

i am at a loss for words....i can offer my condolences to his family...

And I am sick of Najib's government.

two-face said...

We see so many learned legal eagles nowadays. But, what about Ronnie & Gang? He must be as smart as you and take advantage of the situation.

La Cha Mau said...

Waaaaah! Lu dah jadi banyak teknikal dari segi kejuruteraan, ya. Maklumlah, u engineer, kan? Aiseh Tuan Maverick, bolih tanya kenapa as you say "plunged to his death" dari Tingkat 14 tapi seluar putih Teoh tiada sebarang titik darah pun. Kenapa pulak bagini? I fikir ini bukan kes terjun bangunan dari atas..ini tentu kes MURDER MOST FOUL....dibasement carpark kemudian diangkat naik to 5th Floor rooftop. Hairan betul, ya.

denzook said...

lesson learn, especially to MACC detainees and corruption suspect, "jangan main main with MACC dan beri sepenuh kerjasama. kalau tidak ....."

MACC >> PDRM

June.W said...

we should hire Horatio Caine's CSI team for this kind of investigation...

Anonymous said...

sorry mave, in ideal world u got it right but...

here in bolehland, those dogs & pigs don't respect human laws.

and in bolehland, everything can be swept under the carpet & those dogs & pigs carpet is as big as the pacific ocean.

***beeranyone

Anonymous said...

1Malaysia Murder First Start Now!

moo_t said...

Bigger issue behind are more than just technical occupier liabilities.

If anyone strip the skin of the onion, you will learn that this is not credibilities,occupier liabilities ,etc technical.

Malaysia crimes issues and abuse of power issues are ALL POLITICAL. Full stop. Malaysia can NEVER fix this problem from the system it self, because the politics cancerous cell destroy the ability to reform.

IPCMC? No I think even it is implemented, it is still SNAFU. When politics stoods on the way of reform, even Malaysia implement 1,000,000 KPI index, monitoring, law,etc, it won't work.

Beng Hock dies not just because his "partisan" background, it is not. It can happens to ANYONE if you are not "famous enough". E.g. if anyone get "arrested" for "offending" this "law enforcement", there is possibility that we might end up death like Beng Hock.

Gan said...

The MACC says he was release (mind this word, not charge but the word release is use) at 3.45 am, so, they should be absolve of all blame.

Scream however much they want about not being responsible, Somehow, what about the people's perception ?

All these gomen people fail to understand the word "perception" !

techie said...

Pending investigation, let look at the facts we know.

MACC premise in located in Plaza Masaalam building.

We were told MACC only occupy 2 floors of the entire building.

The other other occupant/tenant of Plaza Massalam.

Think what we know is Teo died within the vicinity of MACC premise at the Plaza Massalam buiding.

"In MACC premise" and "within the MACC premise" is different.

Anonymous said...

http://i291.photobucket.com/albums/ll292/alphastable/najis-1.jpg

Anonymous said...

MACC, lebih kejam dari along, amaran kpd lakyat, mau tau apa jadi kalu tak mau cakap, lu sendili pikiaq la.

Anonymous said...

Another nail into BN's coffin!!!

Anonymous said...

BN's machai-machai have run amok, out of control from their masters. And it's BN's years of encourtagement for them to be racial, etc,etc....

Anonymous said...

The chinese in DAP & PKR should be afraid, damn afraid...

http://www.themalaysianinsider.com/index.php/malaysia/32655-another-victim-of-maccs-racism

http://jelas.info/2009/07/18/comparing-tan-was-teo-really-released-at-4am-or-actually-held-overnight-like-tan/

sinkeh said...

Mave,

Have you thought of being the legal advisor to DAP?

Seriously...they have not discussed this point yet, till today!

Anonymous said...

aiyah unker mave,

you think those ex-mat rempit & form 3 dropouts in the agency give a shit about standard procedure ke?

their operations looks more like... to seek & destroy the opposition

the anti-corruption thing is just an excuse to carry out their evil mission.

Maverick SM said...

Artchan,

This is about MACC, not Najib, and we don't know the truth. However, it's sad to note that such event do happen in such peculiar circumstances.

Two-face,

What's wrong with Ronnie?

La Cha Mau,

Seluar ada darah lah. Lu tak nampak.

Denzook,

Good advice.

June W,

We have much better CSI Team.

Beeranyone,

Let's not be so gloomy.

Moo_t,

There's nothing to fix...semua ok.

Gan,

Sometimes what we perceived are profound.

Techie,

You pondered too far. He was a visitor and he was invited to be at a place under which the circumstances do evince.

Sinkeh,

The opposition members have much to learn.

I can't be DAP legal advisor as I am BN legal advisor.

sinkeh said...

Mave

Hahahaha....but of course! You know better that to be BN's legal advisor is much better.

No wonder people say I am (in Hokkien):

Sinkeh gong kau kau
Jiak teh mm jiak pau.

Translated: Stupid newbie/ Drink tea but don't eat the bun!

The sinkeh like me don't know the pleasure of luxury. For him everything is based on principle.

But I know you are teasing only Mave!

Maverick SM said...

Sinkeh,

Life must be fun to live ... no point being sorrowful as there's much more evil everywhere. Let's get living!!!

artchan said...

I beg to differ..this is about Najib. This is the first political death under his watch. And he is Prime Minister and if he say he doesn't know...he is still responsible.

Anonymous said...

i am at a loss for words....i can offer my condolences to his family...

these gomen servant MACC forgotten that its taxes from our hard earned incomes is paying their salary to feed their family parents etc, yet they bite the hands that feed them. very unfortunate to breed such human to treat others inhumanely.

envying others hardworking lives living successful dreams, the resort to corrupt tortures fabrications to enrich their lives.

may these complacent malaise people rot on earth like carcasses by the roadside highway to doom!

mohd noh said...

...my deepest condolences to his family and his fiancee too.

BN's condolences are crocodile tears only lah...

Anonymous said...

Web design
very handy, thanx a lot for this article -- This is what I was looking for.

Anonymous said...

Very Interesting!
Thank You!

Anonymous said...

If you are interested in buying a designer handbag thomas sabo charm club anhänger
you’ll need to visit a retailer who sells them. thomas sabo engelsflügel
These are generally specialty boutiques. thomas sabo armband
Another venue for purchasing designer ladies handbags anhänger kette
is from online retailers. There are many websites angebote thomas sabo ohrschmuck
that sell brand name designer ladies handbags and will ship ohrringe creolen
them right to your door. This often affords the consumer angebote thomas sabo uhren
the biggest selection and it also allows a chance to Armband mit Anhänger
compare prices. It’s important to be careful when purchasing a quality thomas sabo shop
designer bag in this way because you’ll want to be wary of imitations.

civil litigation solicitors burnley said...

Your site is amazing. Thanks for sharing.

personal Injury solicitors said...

Very interesting article.