Girl Drowns in Pool: Can the Family Sue the Developer?
Most of you would have read sad story of the 8-year old girl who drowned in a condominium swimming pool in PJ two days ago. Her foot got sucked into a drainage hole at the bottom of the pool wall. The Star ran the article.
We are deeply saddened by this incident, and we our condolences go out to the parents and family members.
Two of my friends have actually bought units in the newly completed apartment, one was them was actually moving in when the incident occurred.
(We wish to emphasize that this entry is only our sincere opinion, we do not represent any party related to the family or developer)
I was asked by one of them, “Can the family sue the developer?”
After discussing with a few legal experts, the answer is ‘yes’ and ‘no’.
Without going into too much detail, patrons using any public or semi-public amenities (like condominium facilities) are bound by the house rules or terms or usage usually displayed in the premises. This is common in swimming pools, outdoor parks and carparks (where it is usually printed on the back of the ticket).
In addition to that, the management corporation of condos usually include specific clauses in the handbook for residents or the Deed of Mutual Convenant (if applicable) indemnifying them of any damages, injuries or losses.
These are usually signed by purchasers together with the S&P agreements. Buyers can query the developer regarding these issues before signing these documents, their lawyers should be able to explain them to you clearly.
If this is the case, the developer is reasonably well protected against lawsuits. But of course, this is not a cut and dry protection, every case warrants a careful study of the contractual documents.
Having said that, the developer CAN still be sued if:
• The developer can be proven to be negligent in any way to have caused the death/loss;
• There is an inherent flaw in the design of the pool that makes it unsafe for use.
Basically, the law can only cover the developer so much, if there is substantial evidence that the developer can be held responsible, nothing can stop them from being sued.
I stay in the condo mentioned. It’s a very sad tragedy that should never have happened.
Comment by totoro — August 3, 2005 @ 2:46 am
totoro,
i agree. like you said in your blog, everybody blames somebody. but i think developers should be more watchful in the future.
Comment by Administrator — August 3, 2005 @ 2:55 am