Miah Rasel v 5 Ways Engineering: Negligence, Duty of Care & Contributory Negligence in Construction Accident
In Miah Rasel v 5 Ways Engineering Services Pte Ltd, the High Court of Singapore addressed a negligence claim by Miah Rasel, a construction worker, against his employer, 5 Ways Engineering Services Pte Ltd, following an accident at a worksite on 23 February 2015. Rasel sustained injuries after falling from a height while replacing sprinkler pipes. The court, presided over by See Kee Oon J, found the defendant negligent for failing to provide a safe work environment but also held the plaintiff contributorily negligent, reducing the defendant's liability to 75%. The court entered interlocutory judgment for the plaintiff for damages to be assessed.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for Plaintiff; Defendant liable for 75% of damages.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Construction worker Miah Rasel sued 5 Ways Engineering for negligence after a worksite fall. The court found the defendant liable but reduced damages for contributory negligence.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Miah Rasel | Plaintiff | Individual | Judgment for Plaintiff | Partial | Joseph Chen |
| 5 Ways Engineering Services Pte Ltd | Defendant | Corporation | Liability Established | Lost | Michael Eu, Gloria Lee |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| See Kee Oon | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Joseph Chen | Joseph Chen & Co |
| Michael Eu | United Legal Alliance LLC |
| Gloria Lee | United Legal Alliance LLC |
4. Facts
- Plaintiff was employed by the defendant as a construction worker.
- Plaintiff was instructed by his supervisor to step out of the scissors lift.
- Plaintiff stepped onto an air-conditioning duct which gave way.
- Plaintiff fell approximately five metres to the ground, sustaining injuries.
- Defendant did not provide a personal fall arrest system.
- Defendant did not obtain a permit to work for hazardous work at height.
- Plaintiff was trained and experienced in operating a scissors lift.
5. Formal Citations
- Miah Rasel v 5 Ways Engineering Services Pte Ltd, Suit No 848 of 2016, [2017] SGHC 235
6. Timeline
| Date | Event |
|---|---|
| Plaintiff commenced employment with the defendant. | |
| Plaintiff attended a Construction Safety Orientation Course. | |
| Plaintiff attended a scissors lift operator course. | |
| Plaintiff deployed to worksite and accident occurred. | |
| Suit filed in 2016 | |
| Judgment reserved | |
| Judgment issued |
7. Legal Issues
- Negligence
- Outcome: The court found the defendant negligent in failing to provide a safe work environment.
- Category: Substantive
- Sub-Issues:
- Breach of duty of care
- Failure to provide a safe system of work
- Causation of injury
- Related Cases:
- [2014] SGHC 177
- Duty of Care
- Outcome: The court affirmed the defendant's duty of care as an employer to provide a safe work environment.
- Category: Substantive
- Sub-Issues:
- Employer's duty to employee
- Occupier's duty to invitee
- Related Cases:
- [2012] 2 SLR 549
- [2014] 2 SLR 360
- [2007] 4 SLR(R) 100
- Contributory Negligence
- Outcome: The court found the plaintiff contributorily negligent and reduced the defendant's liability by 25%.
- Category: Substantive
- Sub-Issues:
- Failure to take reasonable care for one's own safety
- Apportionment of liability
- Related Cases:
- [1999] 3 SLR(R) 377
- [1976] QB 286
- [2009] 2 SLR(R) 587
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury
- Construction Accident Litigation
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Chen Qiangshi v Hong Fey CDY Construction Pte Ltd | High Court | Yes | [2014] SGHC 177 | Singapore | Cited for the four-fold test for negligence. |
| Tan Juay Pah v Kimly Construction Pte Ltd and others | Court of Appeal | Yes | [2012] 2 SLR 549 | Singapore | Cited for principles on a statutory duty shaping the existence of a duty of care. |
| Jurong Primewide Pte Ltd v Moh Seng Cranes Pte Ltd and others | Court of Appeal | Yes | [2014] 2 SLR 360 | Singapore | Cited for detailed analysis of the Workplace Safety and Health Framework and its statutory purpose. |
| See Toh Siew Kee v Ho Ah Lam Ferrocement (Pte) Ltd | Court of Appeal | Yes | [2013] 3 SLR 284 | Singapore | Cited to clarify the interplay between the law of negligence and occupier’s liability. |
| Spandeck Engineering (S) Pte Ltd v Defence Science & Technology Agency | Court of Appeal | Yes | [2007] 4 SLR(R) 100 | Singapore | Cited for laying down general principles which set out when a duty of care arises under the tort of negligence. |
| Tesa Tape Asia Pacific Pte Ltd v Wing Seng Logistics Pte Ltd | Court of Appeal | Yes | [2006] 3 SLR(R) 116 | Singapore | Cited for the principle that industry standards and normal practice are indicative of the standard of care. |
| Chandran a/l Subbiah v Dockers Marine Pte Ltd | Court of Appeal | Yes | [2010] 1 SLR 786 | Singapore | Cited for the principle that an employer may be liable for a worksite accident in a primary or secondary manner. |
| Parno v SC Marine Pte Ltd | Court of Appeal | Yes | [1999] 3 SLR(R) 377 | Singapore | Cited for the definition of contributory negligence. |
| Froom v Butcher | Queen's Bench | Yes | [1976] QB 286 | England and Wales | Cited for the definition of contributory negligence. |
| Zheng Yu Shan v Lian Beng Construction (1988) Pte Ltd | Court of Appeal | Yes | [2009] 2 SLR(R) 587 | Singapore | Cited for the principle that an employer must take the employee’s carelessness in relation to safety into account when devising a safe system of work. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Workplace Safety and Health Act (Cap 354A, 2009 Rev Ed) | Singapore |
| Contributory Negligence and Personal Injuries Act (Cap 54, 2002 Rev Ed) | Singapore |
| Evidence Act (Cap 97, 1997 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Negligence
- Duty of care
- Contributory negligence
- Workplace safety
- Construction accident
- Scissors lift
- Air-conditioning duct
- Personal Protective Equipment
- Safe system of work
- Permit-to-work system
15.2 Keywords
- Negligence
- Construction accident
- Workplace safety
- Contributory negligence
- Singapore High Court
16. Subjects
- Tort Law
- Workplace Safety
- Construction Law
17. Areas of Law
- Tort
- Negligence
- Construction Law
- Workplace Safety and Health Law