Every day, we are exposed to some level of risk. The floor in your apartment lobby could be too slippery as you rush to work. The chair in your favorite kopitiam could break the moment you sit on it.. The pavement could cave in below you at any time.
So, whose job is it to keep us safe?
A large part of staying safe depends on yourself. So, look out for wet and slippery floor, and don’t sit on a chair if it looks unstable.
But not all the dangers are so easily avoided, especially when we are visiting unfamiliar places.
The responsibility of keeping us safe falls on the person responsible for that location. This person could be the owner of the property or the tenant. They are called the “occupier”. Every day, we put our safety in the hands of these occupiers whenever we go into any type of building, office, school, park, or shop. In other words, everywhere. We expect the occupiers to keep these places safe and warn us if something is wrong.
So, how is the occupier supposed to carry out this responsibility?
Well, the law in Malaysia is that an occupier needs to take reasonable steps to keep visitors safe from unusual dangers.[1] Unusual danger means dangers that a visitor would not normally encounter for the purpose of their visit.[2]
For example, the risk of drowning in a swimming pool is a direct and usual risk of swimming. However, if the pool owner decides to test a new underwater lighting system, the swimmer is suddenly exposed to the risk of electric shock. This would be an unusual danger that only the owner can prevent.
That is because the risk of drowning is always present when swimming, but the risk of electric shock is completely unexpected. So, although it’s impossible to eliminate the risk of drowning, a pool owner has a legal duty to prevent the risk of electric shock.
However, the law does not punish occupiers for dangers that could not have been known. For example, if you get struck by lightning on a bright day in the park, it would be hard to find fault with the park owner.
Some simple steps that can be taken by occupiers would be ensuring good lighting, conducting regular maintenance, using effective warnings or installing alarm systems. On top of that, steps must also be taken to prevent any other potential unusual danger.
So, the next time you see a “Caution! Wet floor” sign, remember that it’s not just for show; it protects both the visitor and the occupier.
[1] Indermaur v Dames [1861-73] All ER Rep 15 & Lee Lau & Sons Realty Sdn Bhd v Tan Yah & Ors [1983] 2 MLJ 51
[2] London Graving Dock Co. Ld. Appellant; And Horton Respondent. [1951] A.C. 737
About the Author
Sahain is a Legal Associate of XK Law. He graduated with Honours from the National University of Malaysia. Sahain believes that the legal fraternity plays an integral part in the operation of the rule of law in Malaysia and is keen to utilise his legal education towards the betterment of society and the country.
