Teen's RM1 million school negligence suit dismissed by High Court
A 14-year-old and her father lost a RM1 million claim against teachers, a headmistress, the Education Ministry and the government after a chair-pulling accident left her with a fractured femur.
In October 2023, a 11-year-old student at a national school in Shah Alam fractured her left femur after a peer pulled away the chair she was about to sit on. She and her father, Wan Amey Shahril Wan Ab Rahman, filed a RM1 million lawsuit against three teachers—Ilyana Sari Ridzuan, Suhaida Abdul Rahman and Aizam Naim Mohd Junid—headmistress Hamidah Shamsudin, the Education Ministry and the government, alleging negligence.
Judicial Commissioner Datuk Anita Harun found the plaintiffs had not demonstrated that the teachers’ alleged lack of supervision caused the fall, noting the incident occurred quickly and the child received prompt assistance, including being taken to her father without an ambulance, which was considered reasonable. The court concluded no separate administrative failure was proven and dismissed the action against all defendants.
Senior federal counsel Afiq Nazrin Zaharinan represented the defendants, while the plaintiffs were led by lawyer Soffian Azmir. The ruling underscores the burden of proof in school-liability cases.
Why it matters
It clarifies the legal standard for proving school negligence in Malaysia.
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