A three-year-old boy today filed a negligence suit against the Kuala Lumpur mayor and is claiming RM500,685 in special and aggravated damages.

Putera Marzuqi Hue Haris Hue, who slipped and fell from the fourth storey of the Seri Melaka low-cost flat in Cheras, claimed that the City Hall's (DBKL) failure to repair a defected iron railing along the stairwell had led to his accident.

Accompanied by his parents Haris Hue Abdullah, 28, and his mother, Ismazilah Ilham, 27, he filed the suit with the High Court Registry in Wisma Denmark via Messrs Keppy Wong & Associates.

In his statement of claim, Putera Marzuqi named mayor Ruslin Hasan as defendant in his capacity as the person fully responsible for the administration of DBKL, which is in charge of the flat's management.

According to Bernama , he claimed that on Dec 20 when he was near the corridor on the fourth storey of the flat, he had slipped and fell through the gaps of the defected iron railing.

As a result, Putera Marzuqi became unconscious and was warded in a hospital for seven days due to his serious injuries, including a fracture on his skull and swelling of his brain.

Since the incident, the toddler is also said to be having difficulties sleeping, developed a phobia for sleeping on the bed, cries for lengthy periods, refuses to walk and is emotionally disturbed.

Complaints unheeded

The statement of claim said the iron railing had long been corroded and broken resulting in the appearance of a dangerous gaping hole which has been there for two years.

It was also alleged that DBKL had turned a blind eye to the defect despite numerous complaints filed by the flat's residents.

Following the incident, repair works, which only took two hours, were carried out.

Putera Marzuqi also claimed that several DBKL officials, including the mayor himself, had come to his home on Dec 30 to convey their intention to pay compensation.

However, nothing has come forward to date.

In view of this, Putera Marzuqi is requesting for special damages amounting to RM685, exemplary damages amounting to RM500,000, general damages, interests at a rate deemed reasonable by the court and other costs and relief deemed necessary by the court.