QUOTE(tantung @ Mar 24 2012, 11:54 AM)
Hi Dario,
Since almost all posts are about legal fees, I'm wondering if you can help provide advise in another matter.
My apartment unit was broken into late last year. The JMB has a "tidak apa" attitude and until now there hasn't been any steps taken to ensure that the security has been beefed up. As I don't have theft insurance on my unit, I heard that one can file an insurance claim for their losses against the JMB's insurance under their Professional Negligence Insurance/Protection.
Would you be able to advise on this matter?
Edit: I've actually started another post on this as I feel that this could help others. Apologies for the multi-post:
http://forum.lowyat.net/topic/2278922The JMB can be successfully sued for damages only if you can prove that they are negligent. I am of the opinion that the JMB CAN be found liable for negligence for theft/break-in of the individual units in the following circumstances:
1. If the JMB collected monies for security purposes and established security requirements for the condo - i.e. access card, boom gate, security guards (who also patrol around the units), CCTV system. If such system were initially in place and perhaps it was not well-maintained or the guards employed were negligent.
* the above argument is not 100% as the JMB can always use the reason that the security is to protect the common property of the condo. They will say that they do not have the responsibility to protect the individual units. So, there's no right or wrong answer there. It's all up to the arguments and the evidence in support. If you claim negligence, then you have to show it.
2. If it were the guards themselves who did it @ inside job. This would depend on your police report and the keputusan kes.
* if this is the case, then you have a clear cut case against the JMB. The JMB would then bring in the security company in as a third party and claim indemnity from them. You sue the JMB as your nexus is with them. You can't sue the security company directly. If the keputusan kes can support your contention, your case is much stronger than in situation 1.
Bear in mind that you need to prove your losses. If you claim that you lost jewelry, receipts must be shown. Same goes for other items. If monies were lost, then your bank accounts would have to be produced as evidence of withdrawal of the said monies.
My advice is a bit different from the advice dished out by other forummers in the thread - whom all seem to suggest that you can't sue. I am of the opinion that you can, but gather your facts and evidence and seek professional advice first before deciding whether to proceed.
PS: Don't stay in the same place if you decide to sue the JMB. Bad idea. If you want to sue them, it's best to live elsewhere. If you have no alternative but to remain, I would advise you against suing them.