July 2022 | Nano-G

What Happens When A Customer Or Guest Slips & Falls In Your Business Premises?

Can you get sued if someone hurts themselves from slipping and falling on the floors in your business premises – such as malls, airports, hotel toilets, and public toilets? The short answer is “yes”.

It probably sounds intimidating and ridiculous to business owners, but the fact is that keeping your business premise safe and free from safety and health hazards is 100% your responsibility and duty to the public. This law does not only apply in Malaysia, but also in many countries around the world such as the United States of America. Let’s take a look at the most popular and high-profile slip and fall in business premises case study that happened in a McDonald’s branch overseas…

“Beverly Munguia was dining at a McDonald’s when she went to get a drink for her husband, but she slipped and fell on the floor. As a result, she suffered grave and life-changing injuries – a burst compression fracture on her spine which subjected her to live with chronic pain and a severe bend in her back. She decided to file a claim, and it was found that the management at that McDonald’s branch did not abide by the safety rules for a while, and their non-compliance to the rules has caused a greasy film to form over the floor surface. Leading up to the day of Manguia’s slip and fall accident, a “food contaminant” was spilled over the already greasy, slippery floor – and workers did not clean it up. The court awarded Munguia $5.67 million in compensation to cover her already amassed medical bills of $161,000 and $2.1 million in future medical bills.”
Beverly Munguia v. Grelyn of Maui, LLC.,

Slip-and-fall accidents don’t only happen in toilets and restaurants. Here’s another case in Tesco that happened in Liverpool…

“When shopping in Tesco, a lady slipped over some spilled yogurt on the floor and fell. While the trial court awarded the lady compensation for damages she suffered, Tesco appealed stating that it was unclear who spilled the yogurt. They argued that they did not fail to take reasonable care and that the accident could have happened no matter what degree of care has been taken. However, in this case, the burden of proving that no duty of care was breached lies on Tesco, not the lady.”
Ward v. Tesco Stores Ltd.,

How does the Court make its decisions in such cases?

The court will take into consideration several factors such as…

• Where did the victim slip and fall?

• What was the situation like when they fell?

• Did the owner of the premise perform the reasonable Duty of Care and Safety Precautions?

• Is the victim negligent in any way, and to what extent?

Wait… What is Duty of Care?

Duty of Care is a legal obligation for individuals or organisations to ensure the safety or well-being of others. The principles of Duty of Care are why we see many stories of people successfully suing the business premises for slip-and-fall accidents.

This is why public premises must put up caution signs during cleaning, and public washrooms have full-time staffs to clean and dry the stalls. Failure to carry out these basic procedures falls under negligence of “Duty of Care”.

In both aforementioned cases of McDonald’s and Tesco, it is unreasonable to expect the customers to pay attention to the condition of the floors at all times – they are dining and shopping! Thus, the Duty of Care and the burden of proving that the principles are being followed all lie on the business owners and not on the customers.

How is Duty of Care evident in day-to-day events?

When you see caution signs displayed around the perimeters during the cleaning, public toilets being routinely cleaned and dried by full-time staff, hotels installing anti-slip mats, and restaurants cordoning off a wet area – all of these are businesses demonstrating their Duty of Care to the public.

If you are the owner of public properties such as malls, cafeterias, airports, etc. – you have a Duty of Care to ensure that your floors will not cause slips and falls under normal circumstances. You must also have established proper cleaning systems or procedures and reasonable safety precautions.

Nano-G Highly Keep Your Premises Environment Safe To Reduce The Risk Of Slip & Fall Injuries Happen

What should you do to prevent cases like this from happening?

The building management of public places or business owners is responsible for any accidents or injuries that take place on their premises due to failure to exercise their Duty of Care. Thus, you are required to fulfill the safety requirements of the Occupational Safety and Health Act 1994 (Act 514) to avoid health and safety risks to your employees, customers, and guests. It is entirely your responsibility to ensure a safe environment eg: free from trip and fall hazards, training and education on safety to prevent injuries, coating your floors with anti-slip solutions, etc.

Although businesses will have normally purchased Public Liability insurance, you may still be fined up to RM50,000, jailed for 2 years, or both under the occupational safety and health act.

Nano-G Premises Failed To Present Any Hazards or Caution Signs Within The Slippery Areas Can Be Fined, Jailed or Both

Want to learn more about safeguarding your premises from slips and falls accidents? Read more here:

Are you looking for anti-slip solutions to prevent slip and fall injuries in your business premises or building?

Nano-G Nanotechnology Anti-Slip Floor Coating is highly recommended for water theme parks, swimming pools, jacuzzis, toilets, and restaurants – where there are higher chances of slip-and-fall accidents. Slips and falls can be fatal, especially to elderly and disabled people; safeguard your premises before it’s too late.

Nano-G Nanotechnology Anti-Slip Floor Coating is the Best Recommendations to Solve Your Slippery Issues in Your Premises!

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What To Do When Water Is Leaking From The Apartment Unit Above Yours?

Who should take responsibility for a water leakage problem in a condominium, apartment, or flat unit? Read this article for the right course of action if you’re facing a water leakage from the unit upstairs.

The legal term for this particular problem we’re discussing in this article is “inter-floor leakage” – which is described as water damage to your ceiling. The Strata Management (Maintenance & Management) Regulations 2015 defines this water damage as any evidence of moisture, dampness, or water penetration on your ceiling or the materials that make up your ceiling (Regulation 55).

Inter-floor leakage is particularly difficult to navigate since the root cause of the leakage happens to be in an upstairs unit that belongs to someone else! On top of having to deal with your neighbour above, you may also have to deal with many more stakeholders such as the management of the condominium, contractors, developers, and possibly even legal offices if worse comes to worst.

Fortunately, staying informed can save you a lot of time and unnecessary back-and-forth communication with various parties – and we’re here to equip you with the right knowledge.

Did you know?

Water leakage is one of the most common problems in buildings, new or old – and conflict between unit owners can escalate when they refuse to give in to rectify the problem. Thus, Nano-G advises every new condominium or apartment owner to waterproof their unit before moving in to ensure double protection and prevent leakage in the next few years.

Now let’s get started on the important bits.

If the unit above yours is the one with the leakage issue, but your unit is the one suffering from the water damages (eg. flooding warping, mold, water damages, etc.), but the owner just refuses to rectify the issue.

1. Make an official complaint to the condominium management (CM)

This move applies if you live in a condominium or an apartment that has its own management office. Following the Strata Management (Maintenance and Management Regulation 2015), you have the right to file an official notice to the management of the building to request an inspection.

The management is then required to perform an inspection within 7 days after you file the notice. They should then issue a certificate of inspection within 5 days after conducting the inspection to identify the cause of the leak and the party responsible for fixing the leakage. If your unit is a new one and is within the defect liability period or still under warranty, you can lodge a complaint to the developer.

Nano-G's Strata Management Regulation Claiming Inter-Leakage Issue for High-Rise Building Tenant

2. What if the owner of the unit above refuses to let the management carry out the inspection?

By law, the owner is required to cooperate, or else they could be fined up to RM50,000, jailed for 3 years, or both. In fact, if there is a risk of property damage and/or a likelihood of endangering someone’s life due to the water leakage problem, the management of the building is allowed to enter by force.

3. How soon should the unit owner get contractors to start repairs?

Repair works should start 7 days after the release of the certification of inspection by the management. If the unit owner has failed or refused to fix the water leakage, the management or the joint management body is to immediately take all necessary measures to rectify the inter-floor leakage. They will then charge and recover all costs and expenses from the owner of the unit.

4. From whom do I claim the reimbursement for the damages on my unit?

If you bought a recently developed condominium, SOHO, or apartment unit and it is still under the defect liability period, you can actually make a claim from the developer.

If your unit is no longer covered by the defect liability period, and the damages you have suffered are caused by water leakage from the unit above you, you can claim reimbursements from the owner. Of course – it is easier said than done. Thus, you can claim the reimbursements from the management of the building, and they will then proceed to claim from your neighbour upstairs.

Learn more on how to keep your unit leak-free:

A Comparison Of Waterproofing Services in Malaysia

Nano-G 4th Gen Hospital-Grade Nanotechnology Waterproofing Solution

Is there a better repair alternative to hacking up the floor to repair water leakage?

Is your neighbour or management considering an intrusive renovation to fix the water leakage? Recommend Nano-G to them; we use human-safe and eco-friendly nanotechnology solutions to overcome water leakage problems in homes and buildings across Malaysia.

If your bathroom causing water leakage damage to your neighbour downstairs, and you are uncomfortable with the idea of a full-blown renovation or floor-hacking to rectify the issue – consider Nano-G’s Nanotechnology Waterproofing solutions. With our technology, say goodbye to intrusive hacking of floors in your condominium unit, and save your neighbours from the pain of dealing with the noise and mess.

Nano-G's Call Us Now To Solve Your Water-Leakage Issue If Your Unit Causes The Water Leakage To Your Neighbour Downstairs

Nano-G’s solutions come with a money-back guarantee. Get our professionals to inspect your water leakage issue today.

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Nano-G Waterproofing for Concrete Slab Roofs

Waterproofing Concrete Flat Roofs – For Homes and Buildings

Understanding how flat roofs are built can help you identify the best methods for waterproofing them.

Concrete flat roofs are increasingly becoming popular in building designs for both homes and commercial development due to their additional spaces that can be used for utilities (eg. water tanks, pumps, antennas, motor rooms, etc.) and recreation facilities (swimming pools, open decks, etc.). Unfortunately, flat roofs also cause big problems to homeowners and building managers – all of which stem from waterproofing issues.

It is this very reason that flat roofs are no longer allowed to be built on new government buildings.

Identifying the right waterproofing method is not as easy as one thinks; we must first have a basic understanding of how flat roofs are constructed.

1. The base of flat roofs is mainly constructed with concrete slabs.
2. Once the base is constructed, contractors then proceed to install waterproofing and heat insulation materials on top of these concrete slabs.
3. Then, a 5cm thick layer of cement screed is applied over the materials to protect them against the harsh Malaysian weather.
4. Finally, control joints on the cement screed are cut and sealed with elastic bitumen or sealant to guard against cracks.

Left unmanaged, water ponding causes expensive damage to buildings that may have extensive consequences.

With this info in mind, let’s take a look at some of the obvious and not-so-obvious technical pitfalls of flat roofs in homes and buildings.

Visible Problems	Invisible Problems
1. Bad Workmanship Poorly designed flat roofs without adequate drainage or even surfaces lead to water pooling on the flat roofs.	1. Water Ingress Flat roofs leak over time because buildings deteriorate over time. In the event of damage, the building is more susceptible to water penetration as the concrete or cement breaks down from sun and rain damage and erosion.
2. Ponding The formation of puddles on flat roofs is referred to as pooling, and it causes mould and weeds to grow in the drainage and cracks.	2. Heavier Dead Load of Building This causes the concrete decks of the building to deform, deflect, and crack under pressure.
3. Accumulation of Dirt Without slanted roofs for dirt and leaves to fall onto the ground below, flat roofs encourage unsightly depositions of small and large debris that can obstruct drainage if not properly cleaned and maintained.	3. Sharp Temperature Fluctuations The average temperature on a flat roof in Malaysia is 82°C at 1.30 pm and 17°C at 4.00 am. This sharp fluctuation causes intense stress to the flat roofs due to heat-induced expansions and contractions, accelerating wear and tear.
4. Slip Hazard Under wet climates or rainy seasons, flat roofs are slip hazards to people.

Let Nano-G Help You Waterproofing Your Building

Drainage systems may look simple, but require complex calculations for them to be effective and safe for residents of the building.

So, what should you be looking for in sourcing the best waterproofing system to use for concrete flat roofs?

Homeowners and building managers are looking into alternatives for waterproofing their flat roofs due to the intrusive, noisy, messy, and costly nature of hacking up and replacing the existing cement screed and other components.

Thus, coatings and membranes have become the preferred waterproofing method due to their ease of installation.

However, convenience aside – homeowners and building managers must also take into consideration the following factors when evaluating the effectiveness and cost-efficiency of their preferred waterproofing method for concrete flat roofs:

1. The waterproofing method should accommodate the unique degradation mechanisms of your existing building.
2. The initial acquisition costs and life-cycle costs must be accounted for.
3. The contractors involved should have control over the quality of the materials and detailing to ensure optimal performance of the outcome.

Nano-G’s hospital-grade nanotechnology waterproofing solution is proven highly effective in solving water leakage problems on flat roofs.

On top of meeting all three aforementioned requirements in the section above, we have solved several hundreds of water leakage issues in hospitals, hotels, commercial buildings, skyscrapers, bungalows, and more. Our advanced nanotechnology waterproofing solutions are certified Low-VOC (Volatile Organic Compounds) and are thus recognised as safe and trusted for use by the Ministry of Health in our Malaysian government hospitals.

How does Nano-G’s no-hacking, no noise, mess-free waterproofing method work? Here’s the science and wonder behind our solutions.

Nano-G Nanotechnology Waterproofing is Certified by NanoVerify

NanoVerify is amongst the many accreditations of Nano-G’s nanotechnology waterproofing solutions.

Some of our flat-roof waterproofing projects we have completed for our government hospitals are as follows:

Nano-G's Waterproofing Services For Hospital Sarikei — Hospital Sarikei, Sarawak

Nano-G_Hospital Sungai Buloh — Hospital Sarikei, Sarawak

Browse through our Past Projects to see the hospitals that use Nano-G Nanotechnology Waterproofing!

Nano-G Past Projects

What can you expect from Nano-G’s nanotechnology waterproofing solution for your flat roofs?

We have a strong team of highly experienced experts who have offered consultations and advice for homeowners and building managers of various kinds of buildings over the years. When you engage in our FREE consultation, you can expect the following procedures to be carried out on your premises:

1. Our technical experts will conduct checks on the building with a FLIR thermal imaging camera to locate the source of water leakage.
2. Our experts will diagnose the problem and inform you about the extent of the damage, the techniques that will be used to rectify the issue, and inform you about the step-by-step rectification process.
3. Date and time will be set for the rectification process to be done.

The above is an example of the FLIR thermal imaging camera we use to locate the source of water leakage.

We offer a money-back guarantee and warranty to all our customers. Your satisfaction is our priority.

Discover the testimonials of our satisfied clients across Klang Valley:

At your wit’s end for flat roof waterproofing concrete flat roofs? Give Nano-G a chance.

Nano-G Waterproofing For Your Concrete Slab Roofs

Nano-G has helped many building owners overcome water leakage problems resulting from poorly maintained flat roofs.

Whether you’re a homeowner, building owner, or manager of a commercial building, you’re entitled to a FREE inspection of your premises. Secure an appointment now, and don’t delay the diagnosis of the issue before it progresses to further damages.

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Or give our hotline a call at 1800-18-6266

Is there a water leakage issue somewhere else in the building, such as your car porch? You may want to give this a read:

Nano-G Persistent Car Porch Water Leak That Just Won’t Go Away?

Month: July 2022

What Happens When A Customer Or Guest Slips & Falls In Your Business Premises?

Can you get sued if someone hurts themselves from slipping and falling on the floors in your business premises – such as malls, airports, hotel toilets, and public toilets? The short answer is “yes”.

Want to learn more about safeguarding your premises from slips and falls accidents? Read more here:

What To Do When Water Is Leaking From The Apartment Unit Above Yours?

Who should take responsibility for a water leakage problem in a condominium, apartment, or flat unit? Read this article for the right course of action if you’re facing a water leakage from the unit upstairs.

Learn more on how to keep your unit leak-free:

Waterproofing Concrete Flat Roofs – For Homes and Buildings

Understanding how flat roofs are built can help you identify the best methods for waterproofing them.

How does Nano-G’s no-hacking, no noise, mess-free waterproofing method work? Here’s the science and wonder behind our solutions.

We offer a money-back guarantee and warranty to all our customers. Your satisfaction is our priority.

At your wit’s end for flat roof waterproofing concrete flat roofs? Give Nano-G a chance.

Is there a water leakage issue somewhere else in the building, such as your car porch? You may want to give this a read: