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Premises Liability law generally deals with accidents or incidents that occur on someone else's property due to unsafe or defective conditions. In Kuala Lumpur, Malaysia, this area of law is regulated by the Occupiers' Liability Ordinance. This law places certain responsibilities on property owners or occupiers to ensure that their premises are safe for visitors, occupants, or people passing by.
If you are injured on someone else’s property due to a preventable hazard or unsafe conditions, you may need a lawyer to prove liability and seek compensation. Hiring a lawyer may also be necessary if you are a property owner defending against a premises liability claim. In these cases, a lawyer can prove helpful in negotiating with insurance companies, gathering evidence, and navigating the complexities of the Malaysian legal system.
The Occupiers' Liability Ordinance in Malaysia contains provisions about the duty of care that occupiers owe to visitors and even trespassers. It also outlines instances when an occupier may be held responsible for any damage or injuries caused. A key provision under this law is the duty to take reasonable care to ensure that visitors are safe while they are on the premises.
"Reasonable care" is a legal term which refers to the precautions and preventive measures that a reasonable person or entity would take under similar circumstances. It usually includes maintaining the property, regularly inspecting it for hazards, and taking prompt action to rectify any identified issues.
An "occupier" can be any person or entity in control of a property. This can include the property owner, a tenant, or a business operating on the premises. The occupier is obligated to maintain a safe environment.
Yes, the Malaysian government, or any local authority, can be sued for injuries caused on public property under certain circumstances. This usually requires proving negligence or a breach of duty on the part of the government or local authority.
Even if you were partly to blame for your injury, you can still make a claim. However, the compensation you receive may be reduced according to your level of fault.
Although limited, some rights are given to trespassers. If a property owner is aware of regular trespassers and an unsafe condition exists on the property that could cause harm, a duty may arise to warn or protect against that risk.
The Malaysian Bar Council and the Department of Occupational Safety and Health (DOSH) aim to provide public legal education and resources. Those who require further help can also seek out local law clinics or legal aid centres.
If you believe you have a premises liability claim, the first step is to consult with a lawyer experienced in this type of case. They will guide you through the legal process, collect evidence, and represent you in court if needed. Remember to document everything related to your case including injury details, medical bills, witness statements and any communication with the property owner or their insurance company.
