Taman Sri Muda residents win negligence suit over 2021 floods

Fifty residents of Taman Sri Muda have won a lawsuit against the Malaysian government and several agencies following the 2021 floods that resulted in 12 deaths. The Shah Alam High Court ruled that the plaintiffs successfully proved negligence and a breach of statutory duty on a balance of probabilities.

Judicial Commissioner Shoba Rajah rejected the defense of ‘act of God,’ stating it was inapplicable because reasonable human intervention was possible. The court found that the National Disaster Management Agency failed to effectively escalate disaster responses, maintain coordination hubs, or deploy the Special Malaysia Disaster Assistance and Rescue Team (SMART). Furthermore, authorities were found to have failed in managing the incident scene, leaving much of the search and rescue work to NGOs and local community members.

The Meteorological Department was also cited for failing to issue timely warnings despite forecasts indicating danger thresholds had been met. The Selangor Irrigation and Drainage Department (JPS) and the Shah Alam City Council (MBSA) were held jointly liable alongside the federal government. A case management session is scheduled for October 6 to determine the hearing date for the assessment of damages.