Thursday, April 06, 2006

Construction Site Supervisors are held liable for negligence?

A sub-contractor's site supervisor, Khew Ah Sum, 48, employed by San Meng Construction for the Plaza Damas project will be charged in the court with manslaughter and abetment in causing the death of Dr Liew Boon Horng through negligence last year.

If convicted, he faces up to 10 years' jail, or a fine or both under Section 304(b) of the Penal Code. Khew Ah Sum also faces an alternative charge of abetting in causing the death of Dr Liew, 35, by negligence at the same place and time. He was said to have committed the offence with two construction workers – Hasibudin Abd Razak and Suradi Hassan. If found guilty, he can be jailed up to two years or fined or both under Section 109 of the Penal Code read together with Section 304A of the same Code.

DPP Zahruddin Mohamed Isa said Hasibudin and Suradi would be prosecution witnesses which means, the two workers will not be charged.

What about vicarious liability?

What about Occupiers Liability?

It seems the prosecution would rather adopt a simplistic approach to indict a supervisor while the employers just pay a fine.

This case should involve employer's liability and occupier's liability as the site supervisor works under the direction and supervision of the sub-contractor, main-contractor and property developer. In fact, the consulting engineers and architects form part of the acts of negligence and nuisances.

Dr Liew Boon Horng, the managing consultant of Ethos Consultant, was killed when an iron mould, weighing almost two tonnes, fell on his BMW as it was being driven into the car park of Plaza Damas that day. The iron mould fell off the 20th floor of one of the two condominium-cum-office blocks under construction. Dr Liew, who was seated in the front passenger seat, died on the spot while his wife Joanne Loy, 35, who sat behind the driver, was warded at the University Malaya Medical Centre with internal bleeding. The couple have two daughters, aged four and six. The driver, Ahmad Harun Jajuli, 50, sustained head injuries.

2 comments:

Elmina Kenley said...

Well done. It is fascinating to peruse remark.
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Security Guards said...

DPP Zahruddin Mohamed Isa said Hasibudin and Suradi would be prosecution witnesses which means, the two workers will not be charged. construction site security