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MOHAMAD HUSIN SHUM YIP LEONG RUBBER The facts of the case: Mohamad Husin the plaintiff worked as a feeding operator of a clicking press machine

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MOHAMAD HUSIN SHUM YIP LEONG RUBBER The facts of the case: Mohamad Husin the plaintiff worked as a feeding operator of a clicking press machine at a factory owned by Shup Yip Leong Rubber as the defendants. The plaintiff worked together with a person by the name of Mustakim. Mustakim worked as a machine operator of the same clicking press machine with the plaintiff. One day, the plaintiff was involved in an accident while operating the said clicking press machine. The plaintiff had suffered serious injury where he had loss four fingers of his right hand. As a result of the said accident, the said right hand fingers had to be amputated The plaintiff's argument: The defendants as the owner of the factory failed to ensure the safety of the employees when operating machines in the factory. As a result, the plaintiff suffered injuries. The plaintiff had brought evidence that the defendants failed to provide a safe environment of work for the defendants' employees. This factor has created high risk and became dangerous to the operators of the all machines in the said promise. The defendants' argument: The plaintiff failed to take proper measures in operating the said machine and the injury suffered by the plaintiff was basically derived from carelessness of the plaintiff. The Court held that the defendants as the employer failed to take proper measures in order to safeguard the safety of the employees. The defendants had failed to ensure the safety of the operators of the machines in the factorysince there was no system of work to protect defendants' employees. The defendants had also failed to ensure that all the employees were given proper training in dealing with machines. In this case, the court found that the plaintiff has established all the four essential elements under law of negligence; therefore, the court gave decision in favour of the plaintiff and the defendants were required to pay compensation to the plaintiff

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