‘Sotong ride’ operators could face criminal and civil court action, says lawyer

 

Two women and a child were injured after falling from a ‘sotong ride’ at a fun fair in Puncak Alam on Monday night.

PETALING JAYA: A lawyer believes that the operators of a fun fair in Puncak Alam, where three people suffered injuries after being thrown out of a ride on Monday night, could face both criminal and civil action

Derek Fernandez said if it is proven that the operators did not have a permit and their conduct was grossly negligent, they could, over and above any criminal action which the authorities may take, be liable to the victims for punitive damages in addition to general damages.

This is because the negligent conduct would have taken place in the course of performing an illegal activity.

Sinar Harian yesterday reported that the family of two siblings injured after falling from the ride in Puncak Alam is considering legal action against the operators.

“First, the cause of the problem must be identified. Was it mechanical or a lack of supervision? Once that is established, and it was found that the operators failed to take reasonable safety measures or maintain their equipment , they are duly liable and must pay the family compensation,” Fernandez told FMT.

“If it is proven that they were also operating without a licence, that is illegal, and they may also be liable to pay punitive damages.

“Based on the news reports, they (the victims’ family) appear to have a case against the operators. The operators could be facing dual action,” he said, adding that he hopes the authorities will assist the family in their case.

On Monday, two women and a child were injured after falling from a fun fair ride in Puncak Alam. Videos of the ride losing control went viral on social media.

According to Sinar Harian, Kuala Selangor district police chief Ramli Kasa said they fell off the “sotong ride” and were taken to hospital.

A check with the Kuala Selangor Municipal Council revealed that the fun fair was not approved or licensed by the local authorities.

Council president Rahilah Rahmat was reported to have said that the operators applied for an entertainment licence several times, but it was rejected as the applications were incomplete.

Social activist Lee Lam Thye said he was surprised that the fun fair was operating illegally and called for an investigation involving the local council and the department of safety and health (DOSH).

Lee said the equipment used in fun fairs require complex machinery to operate, which falls under the purview of DOSH for evaluation and approval.

The former National Institute of Occupational Safety and Health (NIOSH) chairman said DOSH should be involved in the investigation as the local authorities would not have the expertise to look into mechanical failures.

He also said such accidents could be prevented if operators abide by regulations and have the proper approvals.

“This is another example of the country having a poor safety culture. We always wait for accidents to occur, and then give our comments. Why allow an accident that is preventable from happening?” he said. - FMT