In a recent incident near the Puchong Prima LRT station, an unsettling occurrence has brought to light a significant concern regarding the liability for damages sustained by parked vehicles within a car park.
As reported by The Sun Daily, Ms. Preshila Karunagaran, a 27-year-old motorist and front desk receptionist at a Kuala Lumpur hotel, shared her distressing experience when her relatively new vehicle fell victim to a hit-and-run situation while parked at a nearby car park.
Expressing her frustration, Ms. Karunagaran emphasised her trust in the safety of the car park for her two-month-old car. “It’s disheartening, especially considering that I parked my two-month-old car in the car park on the assumption that it would be safe. I feel violated knowing that someone hit my car and ran away,” she shared.
The inconvenience escalated as Ms. Karunagaran had to manage the repair process and associated expenses after the incident. She approached a car park attendant for assistance but was dismayed to learn that the CCTV in the vicinity was non-functional and the attendant was unaware of the incident. Despite filing a police report, the lack of evidence made it difficult for law enforcement to take immediate action.
Ms. Karunagaran voiced her displeasure at having to bear the financial burden resulting from someone else’s actions. She contemplated filing a claim with her insurance company but was deterred by the protracted processing time. Ultimately, she had to personally cover the repair costs, amounting to RM4,859, including windscreen replacements and tyre repairs.
To shed light on the legal aspect of such incidents, lawyer Siva Ganish Sudrarajoo clarified the liability of car park operators under contract law and negligence. Car park operators can be held liable for damages under these legal principles, providing affected individuals with avenues for legal recourse.
In Malaysia, the Contracts Act 1950 governs the liability of car park operators under contract law, while the tort of negligence holds them accountable based on established case law, notably the precedent set in Donoghue vs Stevenson.
Sudrarajoo referenced a pivotal case, Euro Rent A Car Sdn Bhd vs Sunway Parking Services Sdn Bhd (2020), where the Court of Appeal ruled that car park operators cannot evade liability using exemption clauses when motorists have paid to park at their facility. The ruling affirmed that negligence on the part of the car park operator must result in liability.
He emphasised that pursuing compensation for damage to a vehicle in a car park necessitates awareness of statutes of limitations. Legal action for contract or tort-based claims must be initiated within six years from the date the cause of action accrues, as stipulated by the Limitation Act 1953.
For a stronger case against a car park operator, Sudrarajoo highlighted the importance of gathering both oral and documentary evidence. Essential evidence includes parking tickets or receipts, dashcam footage, and photographs or videos of the car park surroundings.
Individuals affected by vehicle damage in a car park have legal options to seek compensation for their losses. Understanding the legal framework and gathering substantial evidence are critical steps towards asserting one’s rights in such circumstances and holding car park operators accountable for their duty of care.
