Tort Of Negligence: Occupier's Liability

In mid-October 2022, two people were injured when a lift they were riding plunged down from the eighth floor to the ground floor of a Condominium in Brickfields, Kuala Lumpur. ¹ Who is liable for this accident?

Before we proceed to initiate any legal proceedings, we need first to identify the parties that are liable for the incident. In this article, we will briefly discuss the relevant law applicable to explain the cause of action before initiating any legal action. The answer for the question posted earlier depends on who has control over the building/premises.

In Malaysia, there are no corresponding statutes enacted so the law on occupier's liability is based on common law principles. As such, cases on occupier's liability would therefore come under the tort of negligence.