Walking into Danger: The Urgent Need for a Malaysian Occupiers’ Liability Act

Abstract

Public premises are integral to everyday life, yet they often pose hidden dangers due to poor maintenance and unclear legal responsibilities. In Malaysia, the absence of a specific legislative framework governing occupiers’ liability has led to legal uncertainty and inconsistent application of duties by those in control of public spaces. This paper critically examines the concept of occupiers’ liability, focusing on the duty of care owed by occupiers including owners, managers, and those exercising control over premises to lawful visitors. It highlights the importance of awareness and legal clarity in ensuring public safety, particularly in light of several recent incidents involving injuries caused by hazardous premises conditions. The study adopts a qualitative, library-based research methodology, supported by a comparative legal analysis of the Occupiers’ Liability Acts in the United Kingdom and Australia. These jurisdictions provide clear legislative models that Malaysia can learn from. The findings suggest that the current reliance on common law is inadequate to protect the public or guide occupiers effectively. Based on the findings, this paper firmly advocates for the urgent introduction of a specific Occupiers’ Liability Act in Malaysia to establish clear legal duties, enhance occupier accountability, and better safeguard public safety in commonly accessed premises.