A 71-year-old woman, Chan Chui Yoke who fell into an uncovered drain and subsequently sued the Holland Village – Bukit Panjang Town Council for more than $60,000, citing negligence, has lost her case, according to The Straits Times.
The town council said in its defence that Madam Chan’s fall was the only such accident that they knew of in the past 20 years.
Chan blamed the town council for her fall into an uncovered part of the drain, saying that it was the town council’s fault for not properly cleaning the drain and she couldn’t tell the difference between the drain covers and the dirty drain.
She also alleged that the town council had been negligent by failing to cover the drain or warning residents to not cross the drain.
The town council said that they owed a duty of care to Madam Chan but didn’t breach the duty of care, adding that the drain was not a means of access to the turfed area, and that there were pavements and walkways that the woman could have used instead.
District Judge Teo Guan Kee said in his judgement:
“Having regard to the limited likelihood of a person falling into the uncovered perimeter drain and suffering a significant injury, and balancing that against the consideration that the perimeter drain was left uncovered for a cogent and supportable reason, consistent with a practice commonly adopted by town councils, I am of the view that the defendant did not fall short of the duty of care which it owed to the plaintiff.”
Recap
A 71-year-old elderly resident who lives in Bukit Panjang, is suing the Holland Village – Bukit Panjang Town Council for compensation after falling into an uncovered drain, citing negligence for failing to cover the drain.
She suffered a severe rupture of her left foot ligaments and broke her right middle finger during the unfortunate incident.
The accident took place on 8 February 2021 at Block 276 Bangkit Road at Bukit Panjang, according to Lianhe Zaobao.
She elderly woman was on the ground floor watering her plants that day and was returning home when she fell into the drain that was not covered, resulting in her injuries.
She blamed the town council for failing to ensure the safety of public areas and allegedly sought compensation worth more than $60,000 for her medical and transport fees.
Town Council’s response
The town council has since denied all accusations of negligence, and highlighted the flaws in the elderly woman’s argument.
After the division of the constituency back in 2001 and the TC taking over matters relating to maintenance, some drain covers were removed to facilitate cleaning and to check for breeding mosquitoes.
They added that given the resident’s stay in the area for more than 30 years, she should be familiar with the area.
They added that since the woman was maintaining the illegal plants she had there, she should’ve been aware of the drains.