WHAT WE ACHIEVED
“The Defendants were unable to rebut the prima facie case of res ipsa loquitur made out by the Plaintiffs. As such, the Court allowed the Plaintiffs’ claim for a total sum of $64,956.98.
The Defendants’ appeal to the High Court was also dismissed on 17 April 2018.”
[Tort of negligence – duty of care, res ipsa loquitur, proof of damage]
The Plaintiffs were in the F&B industry and were tenants of the premises at Ngee Ann City. The Defendants were contractors that were engaged by the Management of Ngee Ann City to carry out the cleaning of pipes of units located in Ngee Ann City.
The Plaintiffs were claiming that the Defendants had caused wastewater to enter and damage their premises whilst they were clearing a choked S-pipe in Ngee Ann City. Mr Silvester argued that the Defendants had breached their duty of care and were acting negligently in carrying out their task. Furthermore, Mr Silvester also raised the argument of res ipsa loquitur whereby an event which in the ordinary course of things is more likely than not to have been caused by negligence is by itself evidence of negligence. The Defendant failed to rebut the prima facie case made against them and hence, it was held that the event would not have happened without negligence and that the damage caused to the Plaintiffs’ equipment was done under the sole management and control of the Defendants.
As such, the Plaintiffs were able to prove in law that the Defendants were responsible for the damage caused to the premises of the Plaintiffs. As such, they were entitled to damages and costs.