The Case Of Lam And Slory Pte Ltd

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Slory Pte Ltd are owned by Sim and Tom. They are also Slory Pte Ltd’s directors.

Lam works for Slippery Pte Ltd and his job involves keeping the premises clean.

While descending the stairs one morning to retrieve his cleaning tools, one of the

wooden steps got dislodged and Lam slipped and fell. He fractured his leg and

was bedridden for a couple of months. Slory Pte Ltd had previously sent out a

circular via email to its employees about the faulty steps and advised that the

elevators be used instead. On the day of the incident, the elevators were being

serviced.

a) Advise Lam on the possibility of initiating a claim against Slory Pte Ltd.

(10 marks)

b) Lam finds out that Sim and Tom are wealthy, and wants them to pay him for

his injury. Explain whether he would be able to do so. Would it make a

difference if Sim and Tom operate their business as a partnership?

Sample Solution

Lam has a good chance of initiating a claim against Slory Pte Ltd. Slory Pte Ltd is the employer of Lam, and they have a duty to provide him with a safe workplace. The fact that they had previously sent out a circular about the faulty steps shows that they were aware of the hazard. By failing to fix the steps or provide an alternative safe route, Slory Pte Ltd was negligent.

Lam’s injuries were caused by Slory Pte Ltd’s negligence, and he is entitled to compensation for his losses. This includes the cost of his medical treatment, his lost wages, and his pain and suffering.

b) Lam finds out that Sim and Tom are wealthy, and wants them to pay him for his injury. Explain whether he would be able to do so. Would it make a difference if Sim and Tom operate their business as a partnership?

Yes, Lam would be able to sue Sim and Tom personally for his injuries. This is because Sim and Tom are the directors of Slory Pte Ltd, and they are vicariously liable for the company’s negligence. This means that Lam can sue them even if they were not personally involved in the accident.

It would not make a difference if Sim and Tom operated their business as a partnership. In a partnership, each partner is personally liable for the debts and obligations of the partnership. This means that if Lam sued the partnership, he could also sue Sim and Tom personally.

In conclusion, Lam has a good chance of recovering compensation for his injuries from Slory Pte Ltd and Sim and Tom. He should consult with an attorney to discuss his legal options.

Here are some additional points to consider:

  • The fact that the elevators were being serviced on the day of the accident does not absolve Slory Pte Ltd of liability. They should have taken steps to ensure that the stairs were safe to use, even when the elevators were not available.
  • Lam may also be able to claim damages for his pain and suffering. This is a more subjective matter, and the amount of damages that Lam is awarded will depend on the severity of his injuries and the impact that they have had on his life.
  • Lam should keep all of his medical records and other documentation related to his injury. This will be important if he decides to pursue a legal claim.

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