Who is liable if something falls from a building onto a passer-by?
It depends on what fell and why. If it was an exterior feature such as a window, air-con bracket or sunshade, the person responsible under the Building Control Act (usually the owner, Town Council or MCST) can be prosecuted for failing to keep it securely fixed. If it fell during work, the employer, the occupier and the principal may each face charges under the WSH Act and its regulations. Civil claims for negligence may follow against anyone who owed the injured person a duty of care.
From the RRD Field Guide, checked against the sources cited in Preventing Falling Objects in Singapore: Worksites, Façades and Rope Access. General information, not advice for your project.
The fuller picture
In Singapore, preventing falling objects is a legal duty shared by the occupier, the employer and the principal. On worksites the occupier must provide adequate overhead protection, scaffolds need toe-boards of at least 90 mm and overlay nets, and debris must go down chutes, not over the edge. Breaches carry fines of up to S$50,000 and two years' jail. Owners must also keep exterior features securely fixed.
More questions on this topic
- Do the Work at Heights Regulations require toe-boards?
- Is tool tethering mandatory in Singapore?
- How big should an exclusion zone below work at height be?
- What are the latest MOM statistics on struck-by-falling-objects injuries?
- Does an MCST have duties when contractors work on the façade?
- What rope access rules help prevent falling objects?
- Must a falling-object incident be reported?