A Tampines wet market owner has been slapped with 65 per cent of blame after a woman fractured her tailbone there, according to The Straits Times.
Slipped and fell on oily floor
In Aug. 2011, Angela Lim had been walking along a corridor in the wet market with her boyfriend, Chee Jin Cheng, when she slipped and fell on her behind, thereby fracturing her tailbone.
At this point, Lim also felt the presence of oil on the floor.
The presence of oil on the floor was found to be unusual for wet markets, which usually tend to have wet floors.
Oil likely came from illegal cooking
Lim subsequently sued the operator and its subsidiary, for a breach of duty of care, in failing to ensure the wet market was operated in a safe manner.
The court further heard from Lim's lawyers that an untenanted stall adjacent to the corridor was occupied. Photos by Chee also revealed the presence of gas cylinders, and someone stirring a pot on a stove.
District judge Loo Ngan Chor concluded that it was likely that the cooking going on at the stall had caused the oil splatter in the corridor.
He also noted that cooking is banned in the wet market, as a matter of policy by the National Environment Agency (NEA), and also by the operator themselves, which meant that there was indeed a breach of duty of care in failing to enforce the rule.
Fall victim assigned 35 per cent of blame
According to ST, Loo placed 65 per cent of the blame on the owner and operator of the privately-owned wet market.
The operator, Heeton Holdings, and its subsidiary, Heeton Estate, have been found by the court to be jointly liable for the payment of damages. The damages will be assessed at a later date.
Lim has also been assigned the remaining 35 per cent of the blame. This means she stands to get 65 per cent of the sum awarded once the damages have been separately assessed.
Woman did not walk carefully enough either
The reason for the judgment was that Loo concluded that Lim should have also walked more carefully.
He added that had she done so, it would have been unlikely for her to fall because of the oil.
On the part of the defendants, defence lawyer Ramasamy Chettiar argued that Lim had contributed to the issue, by not explaining if she walked carefully enough in the wet market.
Both parties are appealing against the court's decision.
Top image screenshot from Google Maps
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