GEORGE TOWN — The family of a Chinese father and daughter who were killed by a falling tree at the car park of the Pinang Peranakan Mansion last year has filed a lawsuit against the Penang Island City Council (MBPP) and five other parties, alleging negligence that led to their deaths.
In the writ filed at the High Court here today, Yang Xueli and Wang Gengfeng—spouses of the late Liu Zhu, 69, and Liu Xinxin, 36—are seeking more than RM1.75 million in general, special, and exemplary damages. They are represented pro bono by Ng Kian Nam and Partners.
The six named defendants are: museum operator Pinang Peranakan Mansion Sdn Bhd, landowner SSM Capital Sdn Bhd, neighbouring property owner Sri Kumaran’s Textile Sdn Bhd, tour operator Pony Holiday Sdn Bhd, van driver Har Kwai Leng, and MBPP.
According to the statement of claim sighted by Scoop, the plaintiffs allege that the defendants failed to fulfil their contractual obligations, fiduciary duties, and duty of care—contributing to the fatal incident on September 18, 2024.
“The failure of these parties to take reasonable preventative measures, such as inspecting and maintaining the tree which is at risk of falling, can be considered as an infringement of trade customs that is widely accepted, and therefore, infringed the terms outlined in their service contracts,” the statement reads.
Among the alleged failures by MBPP was its inability to conduct timely tree inspections. The council only issued a notice to remove the tree two days after the incident, the statement claims.
The plaintiffs also accuse MBPP of failing to maintain public safety in a known high-risk area. The incident occurred during a period of strong winds and heavy rainfall that hit Penang on the day of the tragedy.
“Even though there were signs of strong winds and risk-increasing weather conditions, (it) did not take preventative measures such as placing blockades or warning signs that prohibit people from nearing the museum or the tree,” it said.
The lawsuit further alleges that MBPP failed to coordinate with relevant authorities—including the police, Fire and Rescue Department, and the Ministry of Tourism, Arts and Culture—to properly investigate the incident and take enforcement action against the responsible parties, including the other defendants.
The plaintiffs also claim the tour company allowed the victims to travel with a driver who did not possess a valid Public Service Vehicle (PSV) licence, and ignored weather alerts.
The suit states that museum operator Pinang Peranakan Mansion and landowner SSM Capital failed to implement precautionary measures to protect visitors, including allowing tourists to enter the premises despite adverse weather conditions.
Additionally, both companies allegedly failed to respond or act upon letters of demand sent by the plaintiffs on January 10.
The family is seeking RM1.13 million in damages for the late Xinxin, covering loss of financial support to dependants, emotional distress, and funeral expenses.
For Liu Zhu, they are claiming RM464,829 in damages, including loss of projected retirement income, grief, and exemplary compensation. The family is also claiming RM3,509 in travel expenses and RM160,211 in legal fees.
The suit further seeks a written apology, interest of up to 5% annually on general damages from the filing date, and any other relief deemed appropriate by the court. — June 13, 2025