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Kantor Hukum Yustisia Laksana
Office in Surabaya, serves Bandung, Indonesia

Founded in 2024
11 people in their team
Indonesian
English
Kantor Hukum “Yustisia Laksana Attorneys & Counsellors at Law" menangani berbagai perkara hukum secara umum (pidana, perdata, perseroan, bisnis, tata usaha negara, dan keluarga, dll.) melalui litigasi maupun non-litigasi. Kami memberikan pendekatan yang berbeda: mendengarkan tanpa menghakimi,...
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When a fall in Bandung may justify a compensation claim

A fall on a wet floor, broken stair, poorly lit walkway, or damaged sidewalk does not automatically make the property occupier legally responsible. In Indonesia, a claim usually turns on whether a person or organisation failed to take reasonable care, whether that failure caused the injury, and what losses can be proved.

Bandung claims may involve a private venue, such as a hotel, restaurant, shopping centre, or market, or public infrastructure, such as a sidewalk or road. The responsible party and the appropriate route for a claim depend on who controlled the hazard and the circumstances of the incident.

Prompt evidence can matter. Bandung’s rainy conditions can leave floors and walkways wet, while CCTV footage at commercial premises may be overwritten quickly. Preserve photos, medical records, witness details, receipts, and any incident report as soon as possible.

When a lawyer can help with a Bandung fall injury

  • A fall in a shopping centre or hotel: The business may dispute how long a spill was present, whether warning signs were displayed, or who was responsible for cleaning. A lawyer can help identify relevant evidence and address requests to preserve CCTV.
  • An injury at a restaurant, market, or other busy venue: Staff, the operator, a landlord, or a maintenance contractor may each have had a role. Establishing who controlled the hazard can be important before making a compensation demand.
  • A fall on a damaged sidewalk or public road: The responsible public authority may not be the same entity that manages nearby property or works. A lawyer can help identify the appropriate respondent and assess which procedure applies.
  • A serious injury with ongoing treatment or lost income: Medical expenses and work absences may continue after the incident. Legal advice can help organise supporting records and avoid settling before the likely losses are understood.
  • The venue or insurer denies responsibility: Disputes may focus on warning signs, the condition of the surface, or the injured person’s actions. A lawyer can assess the evidence and explain negotiation or dispute-resolution options.
  • More than one party may be involved: A building owner, tenant, facilities manager, or contractor may have shared responsibilities. Getting advice early can help prevent a claim from being directed only at a party with limited control over the hazard.

Indonesian laws relevant to fall injury claims

Indonesia does not have a separate statute called “premises liability.” Claims are generally assessed under civil-liability rules, consumer-protection law where relevant, and building-safety requirements.

  • Indonesian Civil Code (KUHPerdata), Articles 1365-1367: These provisions address unlawful acts, fault, resulting loss, and certain responsibility for acts of others or things under a person’s control. Their application depends on the facts; an accident alone does not establish liability.
  • Law No. 8 of 1999 on Consumer Protection: In force from 20 April 2000, it provides consumer rights and business obligations relevant to some injuries involving paid goods or services. Whether it applies depends on the relationship between the injured person and the business.
  • Law No. 28 of 2002 on Buildings, as amended by Law No. 6 of 2023, and Government Regulation No. 16 of 2021: The 2021 regulation implements building requirements, while the 2023 law amended the buildings framework. These rules may be relevant to building safety, but do not by themselves guarantee compensation for a particular fall.

Frequently asked questions

Is there a specific Indonesian law for slip-and-fall claims?

No separate statute creates an automatic right to compensation whenever someone falls on another person’s property. A claim is commonly assessed under the Civil Code’s unlawful-act provisions, with consumer-protection or building rules potentially relevant to the facts.

Who might be responsible for a fall at a Bandung property?

Depending on who controlled and maintained the area, responsibility may involve a business operator, property owner, tenant, facilities manager, or contractor. For a public sidewalk or road, the relevant authority must be identified rather than assumed.

What evidence should I collect after a fall?

Take photographs of the hazard and surrounding area, and record the date, time, location, and names of witnesses. Keep medical records, expense receipts, work-loss documents, and copies of any written report to the venue or authority.

How quickly should I ask a business to preserve CCTV footage?

Make a written request as soon as possible because footage may be routinely overwritten or deleted. Include the incident date, approximate time, and location, and keep a copy of the request and any response.

Can I bring a claim if the fall happened on a public sidewalk?

Possibly, but identifying the authority responsible for the particular sidewalk and choosing the correct legal route can be complex. The answer may depend on the location, maintenance arrangements, and whether the complaint concerns a public authority’s conduct.

What compensation might be recoverable?

A claim may seek proven losses such as treatment expenses and income lost because of the injury. The amount and availability of any further damages depend on the evidence and legal assessment; compensation is not guaranteed.

Do I have to make a police report before seeking compensation?

A police report is not generally a prerequisite to a civil compensation claim. A prompt written report can still help document what happened, and contacting police may be appropriate where the incident also involves a suspected offence or another reportable event.

How long does a fall injury claim take in Bandung?

There is no fixed timeline for a negotiated claim or court case. Timing depends on the severity of the injury, evidence gathering, the parties’ willingness to settle, and any procedural issues, so ask a lawyer for an estimate based on the facts.

What does it cost to hire a lawyer?

Private lawyer fees are generally agreed with the client and can vary by scope, complexity, and whether court proceedings are needed. Ask for a written fee agreement that explains charges, expenses, and what work is included.

Can a consumer dispute body help if a business venue is involved?

A consumer dispute body may be an option where the incident concerns a consumer relationship with a business, but it may not fit every injury claim. Ask a lawyer or the relevant body whether it can hear the particular dispute and what remedies it can offer.

Should I accept the venue’s settlement offer?

Consider the offer against documented expenses, expected treatment, income loss, and any continuing effects of the injury. Before signing a release or accepting final payment, obtain advice if the injury is serious or the amount of future loss is unclear.

Can I get legal help if I cannot afford a private lawyer?

Ask an accredited legal aid provider whether you qualify for assistance and what documents it requires. Eligibility and available services depend on the provider’s rules and your circumstances.

Official resources in Bandung

  • Bandung District Court (Pengadilan Negeri Bandung): Provides information about court services and civil proceedings within its jurisdiction. The correct court depends on the parties and the nature of the claim.
  • Bandung City Government’s Department of Water Resources and Highways (Dinas Sumber Daya Air dan Bina Marga Kota Bandung): Handles municipal responsibilities relating to roads, drainage, and related infrastructure. It may be a starting point for reporting a hazard on relevant public infrastructure.
  • Directorate General of Consumer Protection and Trade Compliance (Ditjen Perlindungan Konsumen dan Tertib Niaga): A Ministry of Trade body that provides consumer-protection information and complaint channels. It can help clarify options for disputes involving businesses and consumer services.

Steps to find and hire a lawyer

  1. Secure immediate care and evidence. Get medical attention, photograph the hazard, record witness details, and report the incident to the venue or relevant authority as soon as practical.
  2. Request that evidence be preserved. Send a written CCTV preservation request promptly, and keep copies of messages, incident forms, and responses.
  3. Organise your records over the next few days. Gather medical documents, receipts, proof of missed work, photographs, and a brief timeline of events.
  4. Shortlist Bandung lawyers who handle civil injury or consumer disputes. Check their professional details and ask whether they have handled claims involving similar properties or public infrastructure.
  5. Arrange an initial consultation, ideally within days or weeks. Ask who may be responsible, what evidence is missing, which process may apply, and what deadlines need checking.
  6. Compare written fee proposals before hiring. Confirm the scope of work, fees, expenses, and whether negotiation, consumer dispute procedures, or court proceedings are included.
  7. Agree on a plan and keep records current. Provide requested documents, update the lawyer on treatment and losses, and review any settlement proposal before accepting it.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.