The incident of a woman getting trapped inside the luggage compartment of a bus while retrieving her suitcase[1] had caught the netizen’s attention. It sounded like something that would happen in a nightmare, not at the end of a bus ride.
If you ever find yourself in a situation where you are trapped in an enclosed space against your will, it is important to know that you have the right to seek monetary compensation through a civil claim. This type of claim is based on the legal principle of false imprisonment.
False imprisonment is where there is any total restraint of the liberty of a person, for however short a time, by the use or threat of force or by confinement, without lawful reason. In a civil claim for false imprisonment, the plaintiff[2] is only required to prove that there was imprisonment by the defendant[3]. It is then for the defendant to justify such imprisonment[4].
What then could be the legal justification for imprisoning/detaining someone? It is only justified when such imprisonment/detention is done pursuant to a court order or if the law permits it in a statute.
Back to the incident, imprisonment had indeed taken place, despite it being approximately 10 minutes, given that the woman was trapped inside the luggage compartment of the (thereafter) moving bus with no escape route. It is difficult to see what the legal justification on the part of the bus operator could be.
That said, although you are now aware of the option of pursuing a civil claim under the tort of false imprisonment, it is certainly hoped that such an incident never happens to you.
[1]https://www.nst.com.my/news/nst-viral/2024/07/1071638/nstviral-woman-recounts-terrifying-ordeal-being-trapped-luggage-hold
[2] A person who brings a court case against another
[3] A person who is sued in a court case
[4] Hassan bin Marsom & Ors v Mohd Hady bin Ya’akop [2018] 5 MLJ 141, Federal Court, paragraph 130
About the Author
Poon Wei Ying is a Senior Associate of XK Law who graduated with First Class Honours from the Cardiff University, United Kingdom. She believes in giving back to the society and that education can change a person’s life.
