PC Construction SDN BHD have recently been awarded a construction contract to build a bridge along Jalan Universiti, Petaling Jaya. Engineer Lai has been appointed as the Chief Engineer to head construction of the project. His duties, among others, were to ensure the bridge is constructed according to the specifications and take the necessary precaution to ensure safety and health regulations are strictly maintained. Eng. Lai, accordingly, caused a high perimeter fence to be erected around the bridging site and all signage were put in place to prevent and warn members of the public to avoid trespassing the construction area.

The bridge after almost three years’ construction was almost completed. But unfortunately, one evening, one of the labors was careless and he accidently dropped a brick from the top of the bridge. That brick hit the head of a drunken man who was attempting to seek shelter from the rain by crossing the fences and entering into the construction site.

The injured man has now decided to take legal action against PC Construction SDN BHD and Eng. Lai, the Chief Engineer in charge of the project to claim damages for his injury.

You are the Executive Director in PC Construction SDN BHD. Please advise the PC Construction SDN BHD and Eng. Lai on their liabilities towards that injured man including the defenses, if any, available to them. You may quote similar lead/classical ruling to support your answers.