Manickam Sankar v Selvaraj Madhavan: Workplace Safety, Negligence & Occupier's Liability
In Manickam Sankar v Selvaraj Madhavan and Trans Equatorial Engineering Pte Ltd, the High Court of Singapore addressed a claim by Manickam Sankar against his former employer, Selvaraj Madhavan, and Trans Equatorial Engineering Pte Ltd (TEE) for injuries sustained from a fall at Changi Airport. The plaintiff claimed negligence and breach of duty of care. The court found TEE liable for negligence and occupier's liability, but also found the plaintiff contributorily negligent, reducing the damages by one third. Damages were ordered to be assessed by the Registrar.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for the plaintiff; damages to be assessed by the Registrar.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
High Court case concerning a worker's fall in Changi Airport, addressing negligence, occupier's liability, and workplace safety. Judgment for plaintiff, damages assessed.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Manickam Sankar | Plaintiff | Individual | Judgment for Plaintiff | Won | R Kalamohan, K S Elavarasi |
| Selvaraj Madhavan (trading as MKN Construction & Engineering) | Defendant | Individual | Judgment in Default | Default | |
| Trans Equatorial Engineering Pte Ltd | Defendant | Corporation | Liable in Negligence and Occupier's Liability | Lost | Tan Joo Seng, Chong Kuan Keong |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chan Seng Onn | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| R Kalamohan | Kalamohan & Co |
| K S Elavarasi | Kalamohan & Co |
| Tan Joo Seng | Chong Chia & Lim LLC |
| Chong Kuan Keong | Chong Chia & Lim LLC |
4. Facts
- Plaintiff fell from the ceiling space of Terminal 1, Changi Airport.
- Plaintiff was an employee of Madhavan, assigned to work on the Project.
- TEE was the main contractor for the Project.
- Plaintiff was not shown diagrams of the ceiling space before the accident.
- Plaintiff was not instructed on loop-hooking or sequential hooking methods for safety harness.
- Lighting in the area was insufficient to differentiate between catwalk and ceiling panels.
- There were obstructions in the path workers had to take in the ceiling space.
5. Formal Citations
- Manickam Sankar v Selvaraj Madhavan (trading as MKN Construction & Engineering) and another, Suit No 177 of 2011, [2012] SGHC 99
6. Timeline
| Date | Event |
|---|---|
| Plaintiff reported for work at Changi Airport. | |
| Plaintiff fell from the ceiling space at Changi Airport. | |
| Plaintiff instituted action against defendants. | |
| Writ of summons served on Madhavan. | |
| Interlocutory judgment entered against Madhavan. | |
| Plaintiff’s action against TEE was bifurcated. | |
| Judgment delivered by the High Court. |
7. Legal Issues
- Negligence
- Outcome: The court found that TEE was negligent in failing to provide a safe system of work, effective supervision, and a safe place of work.
- Category: Substantive
- Sub-Issues:
- Failure to provide a safe system of work
- Failure to provide effective supervision
- Failure to provide a safe place of work
- Inadequate safety briefing
- Inadequate instruction and training
- Related Cases:
- [1997] 2 SLR(R) 746
- [1999] 3 SLR(R) 377
- [2010] 1 SLR 786
- Occupier's Liability
- Outcome: The court found that TEE breached its duty as an occupier because the danger was unusual to the plaintiff, the danger was unknown to the plaintiff, and TEE did not take reasonable care to prevent injury.
- Category: Substantive
- Sub-Issues:
- Unusual danger
- Knowledge of danger
- Failure to take reasonable care
- Related Cases:
- [2009] 4 SLR(R) 336
- [2006] 1 SLR(R) 697
- Contributory Negligence
- Outcome: The court found the plaintiff contributorily negligent to the extent of one third of the losses sustained.
- Category: Substantive
- Sub-Issues:
- Failure to take reasonable care for one's own safety
- Related Cases:
- [1999] 3 SLR(R) 377
8. Remedies Sought
- Damages for personal injuries
9. Cause of Actions
- Negligence
- Breach of Duty of Care
- Occupier's Liability
10. Practice Areas
- Personal Injury
- Workplace Accidents
- Construction Accidents
- Civil Litigation
11. Industries
- Construction
- Aviation
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Awang bin Dollah v Shun Shing Construction & Engineering Co Ltd | Court of Appeal | Yes | [1997] 2 SLR(R) 746 | Singapore | Cited for the proposition that a main contractor owes a duty of care to a sub-contractor's employee if the main contractor exercises control over the employee's work. |
| Parno v SC Marine Pte Ltd | Court of Appeal | Yes | [1999] 3 SLR(R) 377 | Singapore | Cited for the common law duty of employers to provide competent staff, adequate material, and a proper system and effective supervision. |
| Chandran a/l Subbiah v Dockers Marine Pte Ltd | High Court | Yes | [2010] 1 SLR 786 | Singapore | Cited for the established duty on an employer to provide safe premises and access to it. |
| Mohd bin Sapri v Soil-Build (Pte) Ltd | Court of Appeal | Yes | [1996] 2 SLR(R) 223 | Singapore | Cited to argue that working at a height does not automatically make a workplace inherently dangerous; distinguished by the court. |
| China Construction (South Pacific) Development Co Pte Ltd v Shao Hai | Court of Appeal | Yes | [2004] 2 SLR(R) 479 | Singapore | Cited for the standard of care being that of an ordinary prudent employer in all circumstances. |
| Chong Yeo and Partners and another v Guan Ming Hardware and Engineering Pte Ltd | Court of Appeal | Yes | [1997] 2 SLR(R) 30 | Singapore | Cited for the principle that the court decides what is required to discharge reasonable care, considering the case's circumstances. |
| Chua Ah Beng v C & P Holdings Pte Ltd | Court of Appeal | Yes | [2001] 1 SLR(R) 844 | Singapore | Cited for the principle that an employer need not instruct on every aspect of work; employees should use their experience and judgment. |
| Ma HongFei v U-Hin Manufacturing Pte Ltd and another | High Court | Yes | [2009] 4 SLR(R) 336 | Singapore | Cited for the proposition that an employer who is an occupier can be liable as an occupier, regardless of common law liability. |
| Sim Cheng Soon v BT Engineering Pte Ltd and another | High Court | Yes | [2006] 1 SLR(R) 697 | Singapore | Cited for the conditions under which an occupier is liable to an invitee for injuries suffered. |
| Tan Juay Pah v Kimly Construction Pte Ltd and others | Court of Appeal | Yes | [2012] SGCA 17 | Singapore | Cited regarding the effect of section 60 of the Workplace Safety and Health Act; the court found that this case supported the argument that a breach of the Act did not confer a right of action in civil proceedings. |
| Animal Concerns Research & Education Society v Tan Boon Kwee | Court of Appeal | Yes | [2011] 2 SLR 146 | Singapore | Cited to distinguish between a duty of care at common law and whether a breach of statutory duty gives rise to a right of civil action. |
| Ng Kim Cheng v Naigai Nitto Singapore Pte Ltd and another | High Court | Yes | [1991] 1 SLR(R) 270 | Singapore | Cited regarding the power to apportion liability between defendants; the court found that this case was not of assistance to TEE. |
| TV Media Pte Ltd v De Cruz Andrea Heidi and another appeal | Court of Appeal | Yes | [2004] 3 SLR(R) 543 | Singapore | Cited regarding the law as to the apportionment of damages between joint tortfeasors. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Workplace Safety and Health Act (Cap 354A, 2007 Rev Ed) | Singapore |
| Workplace Safety and Health Act (Cap 354A, 2007 Rev Ed) s 60(1) | Singapore |
| Workplace Safety and Health Act (Cap 354A, 2007 Rev Ed) s 11 | Singapore |
| Workplace Safety and Health Act (Cap 354A, 2007 Rev Ed) s 12 | Singapore |
| Workplace Safety and Health Act (Cap 354A, 2007 Rev Ed) s 6 | Singapore |
| Civil Law Act (Cap 43, 1999 Rev Ed) ss 15 and 16 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Ceiling Space
- Safety Harness
- Loop-Hooking
- Sequential Hooking
- Catwalk
- Ceiling Panels
- VAV Boxes
- Workplace Safety
- Contributory Negligence
- Occupier
- Main Contractor
15.2 Keywords
- Workplace accident
- Negligence
- Occupier's liability
- Construction site
- Personal injury
- Safety harness
- Changi Airport
16. Subjects
- Workplace Safety
- Negligence
- Occupier's Liability
- Construction Accidents
- Personal Injury
17. Areas of Law
- Tort Law
- Negligence
- Occupier's Liability
- Workplace Safety
- Construction Law