Monday 14 November 2011

Prospective buyer sues developer over fall

(Published in Star World Section page 37, 9th November 2011 issue:)
Developers will have to be mindful of this.  This will be a test case, though in Singapore, it may influence across the causeway, too.


A prospective home buyer who fell and hurt her face after viewing a show flat is suing the developer.
Tan Ah Lai, 59, claims she slipped as she was walking down a staircase, which was unlit and had sand on it.
Developer Keppel Land (Mayfair), however, denies negligence, saying she was at least partly to blame because she could have chosen to use a sloping walkway with handrails.
This is believed to be the first case of its kind to reach the courts, and the outcome could have implications on the way developers are expected to look after people who visit their show flats.
The lawsuit comes at a time when property buyers continue to throng showrooms in ever greater numbers. These are usually located at the project sites, all of which are subject to building control regulations.
The accident happened when Tan and her family members visited the show flat at the Lakefront Residences condominium project next to the Lakeside MRT station on Nov 10 last year.
Tan claimed the only access and exit from the show flat was via a common staircase. She said this was not lit and there was sand on the steps.
The self-employed businesswoman filed court documents claiming she stepped on the sand as she came down the stairs, causing her to fall on her face.
Tan sustained multiple bruises to her face and left leg. She also damaged her teeth and suffered depression.
Her injuries made her look unsightly and curbed her daily activities, such as exercising, and affected her self-confidence. She attached medical reports and bills to support her claims.
Her lawyer Madan Assomull alleged in court papers that the developers had failed to protect her from injury, pointing out the staircase should have had handrails or guides.
He claimed Keppel had breached its duties listed under the building laws, and asked the court to assess damages for Tan.

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