Flash flood victims can sue local authorities – lawyer

Malaysia-Flash-Flood-2016

Those affected by the recent flash flood in KL can sue the local authorities for damages, a lawyer said in a Bernama report. However, they would have to provide evidence supported by relevant experts to show negligence by the local authority concerned, Syahredzan Johan said.

“For instance, in this case, the victims can get advice from experts in engineering to testify on their behalf in court. The testimony will be based on evidence, such as the witness testimony, newspaper clippings, pictures of the incident and receipts for payments made in the case,” Syahredzan told the national news agency, adding that victims seldom pursue the matter due to the high cost in getting professional advice.

It won’t be a walk in the park. Kuala Lumpur mayor Datuk Seri Mhd Amin Nordin Abd Aziz said KL City Hall (DBKL) is prepared if sued by flash flood victims. “We have our own lawyers to resolve the matter,” he told Bernama. Last week, the mayor ruled out DBKL paying damages.

Insurance cover note Malaysia

DBKL is currently conducting inspection and cleaning of the city’s drainage system, including areas affected by the recent flash flood. On May 12, heavy rain caused flood that submerged several roads, including Jalan Pantai Baru and Jalan Tuanku Abdul Halim. More than 100 vehicles had to be abandoned by their owners.

Last week, the Federal Territories Ministry said it was seeking funds of at least RM40 million to build two retention ponds in Pantai Dalam and Jalan Duta to fix the flood problem in the capital. FT minister Datuk Seri Tengku Adnan Tengku Mansor said DBKL has already identified the causes of the flash floods and would present its findings to the Cabinet soon. Full story here.

Meanwhile, Perodua and Honda Malaysia have reached out to customers with flood damaged cars, offering discounts on parts and free towing in P2’s case.

Looking to sell your car? Sell it with Carro.

Certified Pre-Owned - 1 Year Warranty

10% discount when you renew your car insurance

Compare prices between different insurer providers and use the promo code 'PAULTAN10' when you make your payment to save the most on your car insurance renewal compared to other competing services.

Car Insurance

Danny Tan

Danny Tan loves driving as much as he loves a certain herbal meat soup, and sweet engine music as much as drum beats. He has been in the auto industry since 2006, previously filling the pages of two motoring magazines before joining this website. Enjoys detailing the experience more than the technical details.

 

Comments

  • Angry on May 23, 2016 at 11:52 am

    Victims can group together and file a Class Action Suit against DBKL. This should bring down your legal cost. Its about time since DBKL could not care less about the repercussion of the floods on the drivers.

    Well-loved. Like or Dislike: Thumb up 63 Thumb down 0
    • The bigger question is will they get a fair trial? Or can it even proceed to a trial without the case being thrown out? As we all know, Malaysian justice system are not exactly independent of political influences.

      Like or Dislike: Thumb up 22 Thumb down 2
      • Same L00 on May 23, 2016 at 2:24 pm

        Again we witness the case:
        Billions ringgit spent on projects here and there, but if your car still submerge in the flood, it is your own problem.

        Like or Dislike: Thumb up 12 Thumb down 0
      • Abang Alza Pakai Topi on May 23, 2016 at 6:31 pm

        You can sue city councils just like you can sue Sam Loo for trolling.

        Like or Dislike: Thumb up 1 Thumb down 3
  • Gargantia on May 23, 2016 at 11:59 am

    Good job lawyer… don’t let the BN cronies/ministry walk out from this mess. BN ministry never take responsibility own their own mistake.

    Like or Dislike: Thumb up 19 Thumb down 2
    • Eyesore84 on May 23, 2016 at 4:55 pm

      Of coz lawyer will said that…. whether win or lose the lawyer will get their money… i doubt they will want to do it “pro-bono” lol…. same case the the one suing MAS over MH370 incident…. case will get dragged over few years….lawyers keep collecting their fees…in the end the loser are the client themselves lol…

      Like or Dislike: Thumb up 5 Thumb down 3
  • rchoo on May 23, 2016 at 12:09 pm

    Of course they can and they should.

    Like or Dislike: Thumb up 6 Thumb down 0
  • Wiwiwiw on May 23, 2016 at 12:10 pm

    I agree with @Angry.
    Flood victims should group together and Sue the city hall for negligence duty of care.

    Like or Dislike: Thumb up 14 Thumb down 0
  • Hang out Tuah on May 23, 2016 at 12:13 pm

    Your FT ruler “Jabba the Hut” will overrules any “tupai pandai melompat” court decision. Gud luck my friends!

    Like or Dislike: Thumb up 13 Thumb down 1
  • donno on May 23, 2016 at 12:14 pm

    As a city council, they are answerable to the rakyat, and the findings of the drainage inspection must be made public. I believe a successful lawsuit to the dbkl will make them deliver their jobs seriously.

    Like or Dislike: Thumb up 12 Thumb down 0
  • Dayati on May 23, 2016 at 1:23 pm

    DBKL can shift the blame to God – act of nature . Case closed

    Like or Dislike: Thumb up 4 Thumb down 2
  • Johnny on May 23, 2016 at 1:31 pm

    Sometimes, flood can be caused by the citizens themselves. We simply throw our garbage and wastes into drains, rivers etc. Creating a massive blockage of the drainage system. We really need to educate our citizens to care for our cities and country like caring for our homes, cuz it’s the only home we got!

    Like or Dislike: Thumb up 17 Thumb down 3
    • Ikan bilis on May 24, 2016 at 7:55 am

      Dbkl should do the cleaning also, I bet the mud and sand stuck at the drain are the culprits

      Like or Dislike: Thumb up 1 Thumb down 0
    • RavenAii (Member) on May 25, 2016 at 12:38 pm

      Imho, it’s DBKLs fault. It’s their job to do the cleaning and maintenance stuff. If flood is the act of nature, it could be avoided if DBKL is doing proper maintenance job. In the news they said garbage, waste and illegal piping connection causing the floods. So they blame people? They shouldn’t because it clearly shows DBKL didn’t do their jobs properly and thus doing maintenance after the flood damages civilians properties was to avoid getting a pay check to bear the repair costs of damaged vehicles.

      Like or Dislike: Thumb up 0 Thumb down 0
  • KL Has Fallen (2017) on May 23, 2016 at 1:32 pm

    we also scared the lawyer involved might get killed in a sudden mysterious flood…

    Like or Dislike: Thumb up 7 Thumb down 0
    • RavenAii (Member) on May 25, 2016 at 12:40 pm

      Or the laywer might go to the prison for a mysterious crime only to be let go after they lose the case…

      Like or Dislike: Thumb up 1 Thumb down 0
  • Ben Yap on May 23, 2016 at 2:12 pm

    everyone can sue the government but the question is can win or not?

    Like or Dislike: Thumb up 5 Thumb down 0
  • Mohd Faiz on May 23, 2016 at 2:43 pm

    it’s about time govt to urge automakers to develop and install flood-proof vehicles specially for malaysian market, e.g. ability to auto float the car when the need detected.

    Like or Dislike: Thumb up 4 Thumb down 0
  • blackbox on May 23, 2016 at 2:50 pm

    At the end the lawyer himself sure win.

    Like or Dislike: Thumb up 1 Thumb down 1
 

Add a comment

required

required