Monday, November 7, 2011

Madam Tan Ah Lai vs Keppel Land (Mayfair)

Actually, in regard to this kind of case, I feel that the judge should first suggest mediation (will help in collation of more 'evidence' rather then immediately using expensive and rigid adversarial method; unless of course both parties object).
But most importantly, the judge should be wise like in the biblical story of King Salomon who whose astute instincts allowed him to judge wisely whom the true mother was between 2 women claiming ownership over an infant [http://en.wikipedia.org/wiki/Judgment_of_Solomon]~ "The reputation of the king greatly increased when all the people of Israel heard of this wise judgment." [1Kings 3:16-28]

My appreciation in this case (Madam Tan Ah Lai vs Keppel Land (Mayfair)) is that whilst the defendant developer is right to say that "Madam Tan had the choice of using an alternative sloping walkway with handrails if she had deemed it too dangerous to use the stairs" that does not exonerate Keppel Land from having to also maintain the stairs in a safe and useable condition. Depending on the evidence adduced and witness testimonies, if on the balance of probabilities it would be proven to the degree that the stairs were "was not lit" and that the staircase was sufficiently slippery to cause hazard to ambulating visitors, the wise judge should award reasonable compensation to Mdm Tan based upon the degree of Keppel's culpability for the injur(ies) sustained as well as reasonable compensation for damages, follow-up treatment and costs involved.
==============================   
At:
A1forum:
08Nov2011: Woman sues developer after she falls at show flat

No comments:

Post a Comment