Family seeks RM1.7mil compensation for China tourists killed in Penang wall collapse

GEORGE TOWN: A family from China is demanding RM1.7mil in damages for the deaths of a father and daughter after an uprooted tree and part of a wall fell on their vehicle in the Pinang Peranakan Mansion parking lot in September.

Their lawyer Ng Kian Nam said the family has initiated legal action against five parties, namely the museum operator, proprietor, tree owner, local tourist agency, and tour guide/driver engaged by the duo during their trip.

“The family has authorised us to also write to the Penang Island City Council (MBPP) to seek an explanation why it only issued a notice of nuisance under the Local Government Act 1976 to the tree owner after the incident but not before that; and whether the said parties had submitted any official complaints to the council of the risk of the tree falling.

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“The main cause of action will be based on tort, the Civil Law Act 1956, breach of duty of care, trade custom and statutory duties,” he told a press conference in Bayan Baru on Friday (Jan 10).

The victims were Liu Zhu, 69, and his daughter Liu Xinxin, 36.

They leave behind Xinxin’s mother, husband, sibling and 11-year-old child, Ng added.

“The father was a retiree receiving a retirement allowance of RMB3,200 (RM2,000) monthly, while the daughter was an employee with a monthly salary of RMB12,000 (RM7,700) (and) they were among the main breadwinners in their family.

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“As such (the family) wishes to claim apology and total damages of RM1.7mil against these parties in general and special damages,” the lawyer added.

Ng said he took up the case on a pro bono and public interest basis to increase awareness of the importance of maintaining the safety of public areas in Malaysia and to uphold Penang’s tourism reputation.

It was reported that on Sept 18, a man and his daughter were killed in the parking lot of Pinang Peranakan Mansion in Lebuh Gereja here.

A wall with the tree in question growing off it had collapsed onto the car that the tourists were in at the time, killing them on the spot.