An Ipoh cyclist won his case against the Perak State government, the Perak Public Works Department and the Perak District and Land Office, for negligence in road construction and maintenance. Plaintiff Ernest Balasingam, an Industrial Relations lawyer, in a suit filed in the Sungai Siput Magistrate’s Court, sued for damage and injuries sustained when he crashed while cycling over an unmarked speed hump in the road.
In his suit, Ernest filed claim against the Sungai Siput Town Council, the Perak District and Land Office, the Public Works Department, the Perak State government as well as the Federal government. Ernest sustained injuries when he was cycling downhill and encountered an unmarked speed bump near the Kampung Kening secondary school on the Kampung Pisang to Jalong Tinggi road which caused him to crash.
Ernest’s initial suit named the Federal and State governments and the local council as all parties refused to assume responsibility for signage and markings for the speed bump. After investigation, it was determined jurisdiction for the road fell under the state government with the suit against the Federal government and local council thus withdrawn.
In the location in the suit, the speed bump was constructed by an unknown party. During the initial issue of the Notice of Demand, no party responded in respect of liability with the plaintiff, resulting in all parties mentioned.
Speaking to paultan.org Ernest said roads not maintained is a breach of statutory duty on the part of the authorities. “There is legal provision to hold them (authorities) liable for breach of statutory duty, in this case, a lack of proper signage and markings,” said Ernest.
Edit: Article has been edited to accurately identify defendants involved in the suit.
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I’m not surprised.
The roads near my place has been repaved but it’s now been 2 weeks and still no lane marking nor the speed humps painted. Lucky most are local residents so we are aware of the existing speed humps… Visitors not so lucky. Newly paved speed humps are virtually invisible.
Lets have a besar besaran campaign to ‘sue” the local councils for shoddy premixing,blatant recurrence of potholes ,poorly marked roads which endanger our lives.
All the cukai pintu is usually “spent towards year end” when abam called the contractor “hello..year end..pls use up the allocation”.
There is no systematic or serious methodology in road maintainence.
Today,the 2021 LRT collision victims r suing the tajuddin dude,besides the operator for negligence.
Shall we get one of the karpal dudes to represent us?
If lawyer crashed while avoiding a buffalo, should he immediately look for the owner? The owner says, “I’m very poor, take the buffalo now!’ What if cyclist crashed badly while staring at pretty girl jogging? Sue the girl? The girl says, “pay attention to the road, not my backside, Sorhai!
1) it depends if buffalos are allowed to be on the road
2) pretty girl jogging is allowed, so he cannot sue
3) speed bump must have signboard and marking. this one did not.
Then you can have beef steak for dinner.
Hey mate, don’t start complaining about who’s right of way it is at a junction if there isn’t a stop sign. Typical closed minded thinking you have haha!!
They have town Councillors, must go round , check n inform d authorities, many don’t even go round at all, when I was BGajah councillor, I go round 6 days a week..
Lighten up guys, my comment is meant to be silly, a joke; not referring to the article lawyer, not a complain & not seeking for advice at all. Relax la.
Actually we’re grateful to you as your comment serves as a stress relief and punching bag for many frustrated road users
Garfield! are you /srs or /j!?
Lighten up guys, my comment is meant to be silly, a joke; not meant to refer to anyone, not a complain & not seeking for advice. I meant to say ”if a cyclist crashed…’ You guys would curse me anyway
this time not salah dap but the silly guy who joked
Well done sir, if only all Malaysian who encounter similar fate did the same, we’d see better quality roads throughout.
his cannondale road bike crash wor…. luckily not a supersix evo bike else the council will need to pay even more.
FAR TOO MANY EVEN IN IPOH TOWN ARE IN BAD SHAPE
Well done it is long overdue for these appointed councils are made to answer for their neglect & negligence, they are very quick to impose fines & have got away with poor services for too long.
FAR TOO MANY ROADS WHERE ROADS ARE BADLY PAVED
So did he win the case ?
Lucky he was a lawyer to know his grounds and to fight his civil rights.
They have town Councillors, must go round , check n inform d authorities, many don’t even go round at all, when I was BGajah councillor, I go round 6 days a week..
This case should serve as a wake-up call for local councils. There are numerous illegal speed bumps put by local residents in many areas. It is the duty of the local authority to remove them.
Good .. A wake-up call for the sleeping Local Authorities ..
Will the fine or penalty paid by individual or councillor (tax payer!’s money)?
He is a lawyer himself making it possible and economical to sue the local council.
U think everyone can afford a lawyer to go through the legal process especially when the legal fees is higher than the loss itself.
Totally agreed.
You all kena tipu. He withdrew the claim against the local authority in the middle of the trial. Paultan you seriously need to verify whatever news before reporting.
Just check out the road from Tambun town towards the Bandar Baru Tambun traffic lights. There is a hole cutting a cross the road and leads to the other side of the road also.
Mr Kari, do you happen to have the case number or the dates where the case was called up in Sg Siput court?
I guess how much can we Sarawakian gain from the State Goverment if win this liable for improper maintenance of road case? Anyway…. just my 6 sense.