Lady sues city council after falling into drain: What are you able to do if this occurs to you?

Typically, nationwide water company PUB is answerable for the drains in Singapore, mentioned Mr Razeen. 

The company must verify the drains usually and carry out upkeep the place vital.

“In some situations, residence homeowners or companies is perhaps answerable for the drains inside their properties. In case you are injured falling right into a drain, it’s important that you just document the place the incident occurred to assist determine who your declare can be made towards,” mentioned Mr Razeen.

If the claimant just isn’t positive who has administration or management over the related drain, the claimant could contemplate making an utility in courtroom to compel a celebration to reveal data or paperwork, mentioned Mr Suang Wijaya, accomplice at Eugene Thuraisingam LLP. 

This may be for the aim figuring out who’s the correct social gathering to sue, he mentioned.

ESTABLISH CONTACT

The claimant could first contemplate participating in authorized correspondence with the entity accountable for the drain, mentioned Mr Wijaya.

“Such correspondence could be to discover whether or not events could amicably settle the dispute with out courtroom litigation,” he mentioned. “If there isn’t a amicable settlement, the claimant could have to contemplate the prospects of commencing litigation towards the opposite social gathering.”

The claimant should show that they had been owed an obligation of care by the defendant, mentioned Mr Razeen.

“For instance, should you fell right into a drain at your office (enterprise premises), your employer might need been negligent,” he mentioned, pointing to the Work Damage Compensation Act.

SOLUTIONS OTHER THAN COURT

Earlier than heading to courtroom, an individual can attempt different avenues first. These embody mediation, a recognised type of different dispute decision in Singapore, mentioned Mr Tang.

“With the help of an impartial mediator, the events in dispute can work in the direction of reaching an amicable decision to the matter,” he mentioned. 

“If a settlement is reached, the matter ends there. Nonetheless, if a decision can’t be obtained, the claimant can nonetheless proceed with the courtroom course of.”

A claimant may also search an insurance coverage payout from his or her personal insurance coverage, however this doesn’t preclude her or him from searching for compensation from the social gathering answerable for the accidents, mentioned Mr Tang.

A private accident plan could present protection for such incidences, mentioned Ms Mundo. She added {that a} city council might also have its personal insurance coverage insurance policies to cowl conditions the place such accidents happen inside premises beneath the city council’s management and duty.

WHICH COURT TO HEAD TO?

It’s the claimant who chooses which courtroom to begin proceedings in, and the correct courtroom in flip is dependent upon the quantity of damages they’re claiming for, mentioned Mr Wijaya.

The Justice of the Peace’s Courtroom can award damages of as much as S$60,000, whereas the District Courtroom can award damages of as much as S$250,000, attorneys informed CNA. Within the case of street visitors accident claims or claims for private accidents arising from industrial accidents, a District Courtroom can award sums of as much as S$500,000, mentioned Mr Razeen.

Damages of above S$250,000 could be awarded by the Excessive Courtroom, the attorneys mentioned.

The quantity of damages claimed would depend upon the extent of accidents or monetary losses sustained by the claimant, mentioned Mr Wijaya.

The compensation quantity could be calculated based mostly on two forms of damages, mentioned Mr Razeen: Common damages for issues like ache, struggling and lack of facilities, and particular damages like medical prices, journey bills and lack of earnings.