Question

Question 3

Adam was driving his car on along a side road adjacent to a construction site, he was aware that this was a dangerous thing to do, but it was the shortest way home, and after a long day at the office, he did not fancy sitting on the highway in a traffic jam.

The local newspaper in fact had carried an article, in its latest issue, warning against the use of the road, as heavy machinery was in use on the construction site next to it including cranes.   The construction site was not cordoned off, by the construction company, Elite Construction Sdn Bhd, and there was no signage warning of possible danger to road users.  

As Adam drove past the construction site, one of the crane operators lost control of his crane and a concrete slab came crashing down, falling on Adam’s car. The crane operator panicked and immediately called the ambulance services.  

Adam was extricated from the car, unconscious and rushed to the hospital.    As a result of the accident, Adam is paralysed from the waist down.

Advise Adam on what legal action he can take against Elite Construction Sdn Bhd.

Answer 1

Although Adam should not have taken that route as he was aware of the construction going on and the local newspaper had also carried an article, in its latest issue, warning against the use of the road, as heavy machinery was in use on the construction site next to it including cranes. However it was the responsibility of Elite Construction Sdn Bhd to cordon off the construction site and put signage warning of possible danger to road users. Since the company failed to do so, hence Adam must take legal action again the company for negligence of their part and not putting up proper signages and cordoning off the area. Adam should be compensated for the damages suffered by him due to the accident as well as legal and professional fees incurred along with treatment cost.