Death due to pinced door of the lift in Kualanamu Airport: Who shall be held Liable?
By. Henry Sitanggang.
CNN today reports that a house wife died due to pinched in lift of the Kualanamu Airport. Our Colleague Hotman Paris will be appointed as the lawyer of the husband of the woman. The title of the news on CNN quoted:
Hotman Bongkar Ancaman Pidana Penjara Pengelola Lift Kualanamu.
The legal question which the writer wants to analyse is, who shall be held liable? Is it the management of the airport or the lift service contractor to be held liable?
On what reason the airport management be held liable?
On what reason the liability be charged upon the contractor?
Thus it must be ascertained in advance that the death of the woman was due to malfunction of the lift or the negligence of the victim?
Why no one reported the case in the same time? Why it took 3 days to find the casualty?
Assuming that there was no criminal actor who caused the death of the woman, then we can speculate as to the cause of the pinced door.
It is very surprising that it took 3 days to find out the woman death in pinced door? Or did she fall down.
It is police’s duties to verify as to the lift condition. And it is illogical that it needs 3 days till the corpse be located.
In the event the lift malfunction then the conrractor shall be held liable. But if it is found that the lift does function but there a body intruded into the lift’s door then it will not be safe to conclude that the contractor was negligent.
In order for a wrong doer can be held liable there must exist 3 elements:
1. An act
2. Proximate Cause
3. Damage.
If it can be proved that the lift functions well then the element of tort as meant in art 1365 of civil code is not fulfilled.
If it can be proved that it was the woman who negligently entered into the lift when the door was closing then the element of fault in the part of the lift service contractor is not met.
It is also to early to conclude that the Airport management was negligent. Because it may happend that some people who are not familiar with lift operation try to push the door. But this will surely fail because lift was not designed with doors that are pushable. It must close once the ” time” set by the contractor has been reached.
Thus the mechanic shall be questioned also as to workability of the lift. May be from the repair history of the lift it can be determined if there is any non standard items or nuts therein.
In the event it is found that the lift malfunctions, then the lift service contractor is to be held liable severally with the airport’s management.
Civil and penal libility can only be ascertained after experts and police have been able to determine if there is any malfunction of the lift.
Jakarta, 2.5.2023
Disclaimer:
The above can not be used as a legal opinion on the liability of the air port or lift contractor.
If you wish to contact the writer please call: 081317061972.
Email: hstglawfirm@gmail.com
