Who is responsible when a gas explosion shatter lives and homes? That is the question on the minds of man Malaysian following the recent tragedy in Putra Heights, where a gas pipeline leak caused widespread destruction and injuries, raises serious legal questions. In the wake of such disasters, understanding the laws surrounding negligence, statutory duties, and criminal liability can help affected residents seek justice and ensure accountability for those responsible.
Negligence: A Breach of Duty
Negligence occurs when someone fails to take reasonable care, causing harm to others. In this case, several parties may have a duty of care.
For instance, contractors and subcontractors working near the gas pipeline must ensure safety during excavation. Similarly, pipeline operators are responsible for maintaining and monitoring the integrity of their infrastructure. A failure to do so can lead to liability.
An example is Anglian Water Services Ltd v Crawshaw Robbins & Co Ltd [2000] EWHC 1669 (TCC), a case decided by the High Court of England and Wales. In this case, a contractor caused damage by striking water, gas, and electricity mains during excavation work. The court found the contractor liable for the damage due to failure to follow safety protocols, highlighting the importance of adhering to safety regulations in construction projects.
Statutory Duties of Local Authorities
Local authorities are obligated by law to ensure safety in construction and development projects. Two important laws imposing such duties are:
- Town and Country Planning Act 1976 (Act 172):
Local authorities must approve development plans and ensure they don’t endanger safety, including projects near gas pipelines. - Gas Supply Act 1993 (Act 501):
This Act requires local authorities to regulate construction near gas pipelines, ensuring safety measures are in place to prevent accidents.
Criminal Liability: Potential Breaches
In cases of serious negligence, criminal liability may arise. Under the Penal Code, anyone who causes harm through negligent acts can face charges under Sections 336–338, which are pari materia to the Indian Penal Code. A notable case is Union Carbide Corporation v Union of India & Ors [1990] 1 MLRA 474, decided by the Supreme Court of India. This case arose from the Bhopal Gas Tragedy, where a gas leak from the Union Carbide plant led to thousands of deaths and injuries. The court held the company liable for gross negligence, particularly highlighting its reckless indifference to public safety and failure to take adequate precautions to prevent the disaster.
What Can Affected Residents Do?
Residents can take legal action by filing civil suits for compensation. They can seek compensation for medical expenses, property loss, and emotional distress. Additionally, affected individuals can file police reports or lodge complaints with relevant authorities like the Department of Occupational Safety and Health (DOSH) to push for criminal investigations.
Why This Matters
This tragedy highlights the need for accountability. When safety measures are ignored, the consequences can be devastating. Holding the responsible parties accountable is not just about compensation; it’s about ensuring such accidents are prevented in the future.
Infrastructure safety is critical—not just for regulatory compliance, but for the protection of people’s lives.
About the Author
Xavier is a Founding Partner of XK Law. He graduated with Honours from the University of London, United Kingdom. Xavier is passionate about combating injustice and loves doing so though his legal work.
Disclaimer: This post is not intended as a solicitation, is not legal advice, and is not a substitute for obtaining legal advice. You should not act upon any such information without first seeking qualified professional counsel on your specific matter.
