GEORGE TOWN – The family of two Chinese tourists who died last September after an uprooted tree and part of a wall fell on their vehicle at the premises of the Pinang Peranakan Mansion, have filed legal action against the museum operator and four other parties, seeking RM 1.7 million in damages.
According to Ng Kian Nam & Partners, the legal firm representing the family, legal actions were also taken against the museum proprietor, owner of the uprooted tree, local tourist agency, and tour guide/driver engaged by the tourists during their trip to Penang.
The firm also said that it has been authorised by the family to issue a letter to the Penang Island City Council (MBPP) to seek a few explanations such as why the city council only issued a notice of nuisance under the Local Government Act 1976 to the tree owner after the uprooting incident and not prior to it.
The firm also wanted MBPP to explain whether the museum operator or proprietor had ever submitted any official complaints to them on the high risk posed by the said tree to the public and tourists.
“The main cause of action will be taken based on Tort, Civil Law Act 1956, and breach of duty of care, trade custom, (and) statutory duties, (as) their beloved family members would not have lost their lives in that tragedy if these parties (took) basic and reasonable measures to maintain the said tree and safety of the parking area in that museum, which is one of the popular tourist spots in Penang,” said the law firm in a press statement.
The victims, Liu Zhu, 69, and his daughter Liu Xinxin, 36, left behind Xinxin’s mother, husband, sibling and 11-year-old child. According to the law firm, the surviving family members suffer from serious shock, deep emotional pain, sadness and difficulty in their livelihood.
The firm also said that Zhu was a retiree receiving a retirement allowance of RMB3,200 (RM2,000) monthly, while Xinxin was an employee with a monthly salary of RMB12,000 (RM7,700), and that they were among the main breadwinners in their family.
“As such they (family) wish to claim apology and total damages of RM1.7 million against these parties in general and special damages.”
The firm emphasised that it took the case on a pro bono basis in order to raise awareness on maintaining the safety of public places in the country, upholding the reputation of Penang and the country’s tourism sectors and out of compassion for the “helpless” family members of the deceased.
Scoop reported on September 18 that the tourist duo were killed when a tree fell on the car they were in, outside the Penang Peranakan Mansion in Lebuh Gereja, here.
They were crushed in the incident, which occurred around 3 pm, just after visiting the museum.
Scoop has reached out to the museum’s management – Pinang Peranakan Mansion Sdn Bhd – and Penang Island City Council’s (MBPP) mayor Datuk A. Rajendran for comments. – January 10, 2025.