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 Tanah runtuh bukan bermula di Father’s Organic Far

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vassilius
post Dec 21 2022, 01:43 AM

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QUOTE(nazrul90 @ Dec 20 2022, 05:33 PM)
No way to obtain permit then why still want to operating the business?
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Because msian style, whack dulu... pape pon, kito boleh deal belakang nanti.

KEKWA

So his explanation was like, if i drill a tunnel underground or korek a basement, then common land or road above suddenly collapsed and caused casualties, not my problem... whistling.gif
blanket84
post Dec 21 2022, 02:26 AM

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QUOTE(knumskul @ Dec 21 2022, 01:31 AM)
blanket84 midlander
Just remembered I went camping near Broga hill last month. Here's my risk assessment for my own safety. This was my 3rd time camping, so not an experienced camper.
I checked all of this out via Google maps prior to booking. Any idiot and a half could do the same.

Campsite topology  - Plateau of a hill, elevation of 100m, no rivers nearby (no risk of floods/landslides)
Surrounding terrain - Slightly bigger hill of 200m elevation with valley between, no risk of water flooding over.
Flora - bare plateau with few trees around mostly on edge of camping zones. No risk of falling branches. Surrounding had
Temperature - looks misty, assumed 20-23ish degrees. Brought a jumper just in case.
Closest town (for emergencies) - Semenyih, 16 mins drive.
Daily checks on weather forecast from 3 days prior.

All non technical things within my control to check for free and within 10mins.
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It’s good that you did your own risk assessment. I myself would do the same as risk management is pretty much my expertise. But then, how many people actually do their own risk assessment? How many people actually wear seatbelt for safety reason? How many people actually obey to speed limit for safety reason? How many people actually force their kids to buckle up for safety reason? I would say only minority.

Hence why the authority must be responsible to ensure that safety regulations are strictly enforced, this include the safety of all type of premises that involved the public.

In this case, the operator failed to apply for license to operate as camping site. One might argue that there is no such regulation, but then, had the operator actually enquire for license, they authority has no other choice but to make up a new regulation as once they approve for them to operate (as camping site), they would have to bear the safety responsibility for the site.
ReoAyanami
post Dec 21 2022, 03:50 AM

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QUOTE(jojolicia @ Dec 20 2022, 11:26 PM)
Still ongoing for pages.

I am in opinion, regardless of licensing, permit, his land my neighbour land, ah kow, abu land whatsover you call it, the operator (paid campsite venue provider) cannot shift from the duty of care as a provider here.

Its common law, Tort. Prove of negligence and its not restricted to one party.

The argument here would be landslide (under insurance context, its natural disaster).

Can this be proven an act of negligence (part/ solely/ collectively) by the provider,  agencies, regulators etc etc ie is ground instrumentation and monitoring required for such venue, in-place? yes, no, by who? you, me, or they etc etc etc

Don't get me wrong, i am not talking about insurance here.

I am just in opinion to the context of a common law Tort 'duty of care', negligence here.

I stand to be corrected of my opinion. A lawyer here maybe, can share
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If you rent your room out to someone, then there was a flood and that person died, would you be found guilty of negligence?
Twins10
post Dec 21 2022, 03:59 AM

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QUOTE(acbc @ Dec 20 2022, 05:25 PM)
8 months ago already have soil movements, how to explain this?
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I can see a few mini landslides in the videos posted by campers. Yet they camp right beneath the exposed soil...but it looked far away ..
gogocan
post Dec 21 2022, 06:11 AM

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Now that we know the fact..How to prove owner negligence when the landslide started somewehere else? Owner has provide the best he could to the campers there without any unwanted tragedy for the past 3 years.

It was a natural disaster..like flood in kelantan.
desmond2020
post Dec 21 2022, 06:30 AM

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QUOTE(Femsroot @ Dec 20 2022, 11:17 PM)
How to due diligent to prevent a one acre landslide. Ur comment pls
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By not having the camping site there

This post has been edited by desmond2020: Dec 21 2022, 06:46 AM
desmond2020
post Dec 21 2022, 06:37 AM

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QUOTE(MrBlackie33 @ Dec 20 2022, 11:34 PM)
I thought operator’s own wife also died from incident?

No one saw the news?
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So? It didn't shift the duty of care of the site owner
desmond2020
post Dec 21 2022, 06:38 AM

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QUOTE(jmas @ Dec 20 2022, 11:53 PM)
Abuden, he can clear slope to do his farm as his wish?
desmond2020
post Dec 21 2022, 06:39 AM

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QUOTE(knumskul @ Dec 20 2022, 11:28 PM)
Learn geology and civil engineering
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Look at slope and start thinking what if landslide from there while stop thinking about money for a moment
desmond2020
post Dec 21 2022, 06:43 AM

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QUOTE(ReoAyanami @ Dec 21 2022, 03:50 AM)
If you rent your room out to someone, then there was a flood and that person died, would you be found guilty of negligence?
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Well,, if you rent out unlicensed room at food prone area

Plus level of magnitude of concequance is not the same, landslide, if there is human in vacinity, almost certain death

While flood, deaths is maybe 0.01%?

Magnitude is different so you are compare chicken with duck


How about plane crash in storm due to unlicensed parts, still salah natural disaster?

This post has been edited by desmond2020: Dec 21 2022, 06:55 AM
desmond2020
post Dec 21 2022, 06:51 AM

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QUOTE(knumskul @ Dec 20 2022, 11:12 PM)
Yes. I make sure it has wings and engines. More technical aspects I can't since I never learnt.

Landslides at landslide prone areas during weather which increases chances of landslides no need technical expertise. Already said this is secondary school knowledge in other tered.
Heavy rain = soil saturated/heavy = runtuh

Never ask people go check geological technical stuff.
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So owner is ignorant of this primary school stuff? How stupid?


Inb4 being stupid isn't a crime

This post has been edited by desmond2020: Dec 21 2022, 06:54 AM
yugimudo
post Dec 21 2022, 06:54 AM

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QUOTE(Chisinlouz @ Dec 20 2022, 10:30 PM)
Natural disaster la. Nobody can be blamed. Don't repeat same mistake can already.
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I disagree the term "natural disaster" on this tragedy.

It involves nature but the cause is not natural at all.

The area has been tampered for farming activities and logging.

If there are no human activities, the landslide would likely not occurred.

As who to be blame, we can blame the camp site owner as he do an illegal activity on his land that is designated as agriculture purposes.
desmond2020
post Dec 21 2022, 06:59 AM

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QUOTE(blanket84 @ Dec 21 2022, 02:26 AM)
It’s good that you did your own risk assessment. I myself would do the same as risk management is pretty much my expertise. But then, how many people actually do their own risk assessment? How many people actually wear seatbelt for safety reason? How many people actually obey to speed limit for safety reason? How many people actually force their kids to buckle up for safety reason? I would say only minority.

Hence why the authority must be responsible to ensure that safety regulations are strictly enforced, this include the safety of all type of premises that involved the public.

In this case, the operator failed to apply for license to operate as camping site. One might argue that there is no such regulation, but then, had the operator actually enquire for license, they authority has no other choice but to make up a new regulation as once they approve for them to operate (as camping site), they would have to bear the safety responsibility for the site.
*
Owner of site, whether it is legal or illegal, always has duty of care for the safety of its visitors

And ignorance of laws isn't a defense
SUSMuchafaka
post Dec 21 2022, 07:01 AM

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Tak pernh wujud..
Then y u still want to operate???

How u can operate???
Under table cable amat kuasa
acbc
post Dec 21 2022, 07:37 AM

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QUOTE(Twins10 @ Dec 21 2022, 03:59 AM)
I can see a few mini landslides in the videos posted by campers.  Yet they camp right beneath the exposed soil...but it looked far away ..
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No sense of safety or pretty much ignorant.

Landslides can come down fast and easy with rain. Never fuck around with mother nature.
yugimudo
post Dec 21 2022, 07:43 AM

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QUOTE(gogocan @ Dec 21 2022, 06:11 AM)
Now that we know the fact..How to prove owner negligence when the landslide started somewehere else? Owner has provide the best he could to the campers there without any unwanted tragedy for the past 3 years.

It was a natural disaster..like flood in kelantan.
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Why do many people pushing this "natural disaster" narrative?

Flood also can be human caused like in KL and Taman Muda.

This landslide also have distinctive pattern of uncontrollable logging and farming activities.

Also, you must have never owned land before. It will clearly state in the title if your land is for farming or residence. Even what type of tree is stated, meaning a rubber plantation title can't simply convert to papaya or banana plantation.

Owner negligence started when he started an illegal commercial activity on a land intended for plantation. If he want to make a resort, need to change the title to resort type. Now, could you explain why he didn't?

Plotek more.
MegaCanonF
post Dec 21 2022, 08:05 AM

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basically apa sarahan saya card at its best
poweredbydiscuz
post Dec 21 2022, 08:13 AM

 
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QUOTE(desmond2020 @ Dec 21 2022, 06:43 AM)
Well,, if you rent out unlicensed room at food prone area

Plus level of magnitude of concequance is not the same, landslide, if there is human in vacinity, almost certain death

While flood, deaths is maybe 0.01%?

Magnitude is different so you are compare chicken with duck
How about plane crash in storm due to unlicensed parts, still salah natural disaster?
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https://www.thevibes.com/articles/news/6142...t-others-unsafe

Do you remember Taman Pertama landslide? If that owner rented the house (unlicensed) to someone and he died due to landslide, do you think the owner is responsible for the death?
rznrmolev
post Dec 21 2022, 08:15 AM

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To be fair to operator, I think what he meant is that the camping site is operated in grey area, where there is no any regulation by Malaysian government as for now, not to say that is government fault not to do any work. Perhaps after this case, government will amend regulation/law on this matter.
desmond2020
post Dec 21 2022, 08:26 AM

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QUOTE(poweredbydiscuz @ Dec 21 2022, 08:13 AM)
https://www.thevibes.com/articles/news/6142...t-others-unsafe

Do you remember Taman Pertama landslide? If that owner rented the house (unlicensed) to someone and he died due to landslide, do you think the owner is responsible for the death?
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dude, the house is build by proper developer with actual building plan approved by council

now compare apple with banana dy?

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