Friday, April 23, 2010
Claim From Shopping mall
It was happened in last year ,13/11/2006. My right side eye was injured caused by hot oil splashed into eye. I was paying for a cheese cake during the incident, after injury, i was send to clinic immediately and my eyes cannot be opened at that time. The next day after that, i was send to medical check under the clinic which recommend by that shopping center. At there, the doctor advised me not to open the eyes at least 2 weeks, and hus i am unable to go working along 2 weeks. My salary was paid based on working day, RM70 per day, and i unable to earn my salary for 2 weeks since my eye cannot open caused by that incident. I have the original copy of medication certificate, medication approvement letter, salary receipt, company letter, and the shopping receipt. I have try to claim the insurance (RM 1000) from their company by sending all the copy of the above documents, but they rejected my claim last month due to my eye was not "permanent" injury case. I started this claiming from last year, and only get the respond from last month after i calling and keep asking for that. Do i have the right to claim from that shopping mall? I really need that money to pay for my study in university
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This can be classified as a negligence case. You can sue the shopping mall for this. They have the duty of care not to injure you while you were there. You can get general damages(eye injury) and special damages (actual costs incurred such as hospital bills, follow up, police reports) plus loss of earning during your MC period. You have 6 years from the date of incident to file an action in court. Best to appoint a lawyer.
ReplyDeleteThis is a classic case of the tort of negligence, spefically on personal injury, but you have not detailed out the fact on how the eye injury occur.
ReplyDeleteDefence counsel for the outlet will certainly rebut that negligence claim if you cannot prove causal relationship beyond the balance of probability.
Bear in mind that Malaysia still adhere to English law, which is still very much conservative in dealing with tort issues, unlike the US.
You might want to seek advise from the Small Claims tribunal, coz to engage a lawyer, the legal fees would be more that your damages, assuming you get damages in the first place.
The best bet is to claim in civil court. The tribunal will not entertain such claim based on personal injury such as this case.
ReplyDeleteYour claim seems to be of a petty sum of RM1,000. The cost of litigation is likely to be much more than this amount. How far are you going to do to make your claim?
ReplyDeleteSome issues may be raised:
1. Duty of care. Whether the company could have foreseen this mishap is not too remote to have happened; and had taken no precaution to prevent it;
2. Causation. Whether the company had cause this accident; or have you ignore the other party, such as the retailer for causing it?
3. Damages. Whether you did suffer for the harm; and your damages claim is reasonable?
I suppose you are unprepared, for various reasons, financial or otherwise to seek for "justice". Perhaps organisations like legal aids or non-government organisations may render you help due to your circumstances.