Thursday, September 22, 2011

I find Ang Mo Kio Town Council 100% liable for the damages caused by falling rotten tree.

I find Ang Mo Kio Town Council 100% liable for the damages caused by falling rotten tree.
Re: 'Car owner fumes over fallen tree' [mypaper, 22Sept2011]
According to the facts stated in this report: B.C thinks that in this case, the Town Council should bear 90- 97% (preferably 97%) of the repair cost of the car because:
  • Government owns the land and parking areas and permits the Town Council to manage them in return for a various charges and fees (conservancy parking fees and penalties) on residents towards a clean, safe and hospitable living environment for both visitors and the local community.
  • The Town Council Management committee is chaired by the incumbent MP of the constituency, owes a duty of care to the residents and visitors to maintain the amenities within its constituency in a fit and operable state.
  • The responsibilities of the Town Council include the maintenance of the trees beautifying and cooling the vicinity.
  • There is on a balance of probabilities, a high possibility that both the tree that fell and the adjacent one were both so unhealthy that their removal should have been an urgency; and that by omitting such maintenance work, the Town Council failed its responsibilities. ("The tree next to the fallen one was removed as well. Workers carrying out the job told her that that tree was 'unhealthy'.". )
  • Ms Yeo's car was crushed by a tree and there was no natural disaster then to excuse the fall of the tree.
  • This incident should NOT have happened if the town council had hired qualified and certified arborists [wiki] to inspect and advise it regarding the maintenance of trees within Ang Mo Kio GRC/ constituency.

Ms Yeo might normally be nominally responsible for a 3-10% (preferably 3% responsibility) as an advice to the lay public that they too should be observant and take personal responsibility for their personal safety rather then being fully dependent on the government for such maintenance work getting done; and as a warning to opportunists against staging accidents with the intention of claiming compensation unnecessarily from the government.

In view of the town council's dereliction of core duties aggravated by its irresponsible and nonchalant attempt to make Ms Yeo and her insurance company take responsibility for the damages sustained, I find the Ang Mo Kio Town Council 100% liable for the damages to the properties consequent of its negligent conduct of town council duties.

Disclaimer/ disclosure:
I am not an expert in dispute resolution, just a casual net surfer with an interest for simple justice, basic public administration and personal/spiritual bible study.

References:
- 'Car crushed by tree: Now what do I do, asks desperate driver': [STOMP,20Sept2011]
- 'Car owner fumes over fallen tree': [mypaper, 22Sept2011]
===============   
At/ related::
A1forum:
23Sept2011: Car owner fumes over fallen tree
MCF:
23Sept2011: Car Crushed By Tree: Now What Do I Do, Asks Desperate Driver
SBY:
23Sept2011: AMK town council act blur after ill-maintained tree wrecks car
HWZ:
23Sept2011: I find the Ang Mo Kio Town Council 100% liable for the damages caused by falling rotten tree.
SGclub:
23Sept2011: Car owner fumes over fallen tree

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