The camp operator and state government can be liable for the landslide tragedy
The Malaysian Fire and Rescue team use the services of tracking dogs to search for victims buried in the landslide tragedy at Father's Organic Farm.
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Lawyer Fatihah Jamhari said it seemed that the authorities were trying to avoid blame when each state executive council members gave statements saying that there were no specific laws on camping sites.
“If local authorities say there are no regulating laws in place it sounds like a mere excuse.
“If construction of a wall needs a permit, it's unlikely that camps which are for public occupancy and business for profit is not regulated,” she told Sinar Daily.
Fatihah stated that if there is clear negligence from any service provider, victims can take action against them.
“Whenever there's clear negligence from any service provider to ensure the safety of its customers or clients , anyone aggrieved by the negligence can initiate a tort (wrongful) action against the provider.
“In this case, not just to ensure all licensing and permits are properly obtained, but also to ensure that the standard operating procedures are followed in case of emergency.
Meanwhile lawyer Megat Syazlee Mokhtarom said if the public wants to hold the state government responsible, a fact-finding committee must be formed to investigate all aspects of the tragedy.
“In lieu of that, litigants will be hard-pressed to find proof of negligence on their own, they would need to get experts on board, it is not impossible , but costly and time-consuming.
Megat added that the victims should pressure the authorities to press charges against the campsite operator.
He said that an investigation should be launched to ascertain whether there was any breach of safety standards and protocols.
“This result of this investigation could help next-of-kin of the victims to pursue civil action for personal injury or even wrongful death if the investigation revealed negligence on behalf of the campsite operator.
“This could give some monetary compensations to the aggrieved families as well as to financially punish errant campsite operators,” he told Sinar daily.
Lawyer Nasruddin Ab Rahman also agreed that the victims and families should claim compensation from the campsite operator.
“The victim and the next of kin of the deceased can claim compensation from the campsite operator especially if it is true that the operator does not have a permit from the authorities to hold camping activities,” Nasruddin said.
He added that if the operator did not offer direct compensation and the victim wanted to claim compensation, the victims and the deceased's families would need to file a lawsuit against the campsite operators.
As of now, 24 victims have been confirmed dead, 61 rescued, while nine are still missing in the incident.
Around 2.42 am on Friday, a landslide of nearly 300 metres long and 70 metres high hit the Father's Organic Farm campsite, Gohtong Jaya, on Jalan Genting-Batang Kali.
Today, the search and rescue operation (SAR), enters its fourth day of looking for more victims of the landslide tragedy.
Local Government Development Minister Nga Kor Ming said that the three camping grounds hit by the landslide had been operating illegally since 2020.
The campsites were only granted planning permission for organic farming, approved by the Hulu Selangor Municipal Council (MPHS) in 2019.
