KUALA LUMPUR, March 1 — Fireworks and firecrackers have long been a focal point of many celebratory occasions in Malaysia, especially during festive seasons.
Despite their aesthetic appeal and entertainment value, mishaps can occur due to negligence or recklessness, leading to property damage or personal injuries.
With Chinese New Year now concluded, multiple incidents of fireworks mishandling have surfaced on social media, raising questions about the legal recourse available to those directly affected.
Bar Council Personal Injury Claims and Awards Committee chairperson Ravinder Singh Dhalliwal said individuals harmed by improper fireworks displays have several legal options, including filing a civil lawsuit for personal injury or property damage, seeking a court injunction, or pursuing compensation through the Small Claims Court.
“Affected individuals can sue their neighbours but must prove that their actions were reckless or negligent, resulting in injury or damage,” the former KL Bar chairman told Malay Mail recently.
On whether indirect victims can claim personal injury, Ravinder said it is possible but challenging to prove.
“A person may attempt to claim under public nuisance or negligence for noise pollution or psychological distress, such as sleep disturbances, anxiety, or post-traumatic stress disorder (PTSD). However, medical proof, such as psychiatric reports, is essential.
“Those with asthma or respiratory conditions could argue that fireworks smoke aggravated their condition, but they would need a doctor’s report linking smoke inhalation to their health deterioration,” he explained.
For public nuisance cases, individuals may also petition local authorities or report offenders to the police for disrupting public peace or causing widespread inconvenience.
Building a strong case
A successful claim depends on proper documentation and evidence, including photographs, reports, and video footage, Ravinder said.
These include:
- Medical reports
- Witness statements
- CCTV footage, video recordings, and police reports
- Expert opinions
“Delaying medical attention could weaken a claim, as a lapse in time between the incident and seeking treatment may lead to denial.
“Obtain a doctor’s report detailing the nature and extent of injuries and retain hospital bills or receipts for medical expenses.
“Written statements from neighbours or passersby who witnessed the incident can support your claim in court.
“If available, CCTV footage can help establish fault, while a police report serves as official documentation of the incident,” he said.
Ravinder added that while personal injury claims require proving negligence and damages, they come with challenges and a certain degree of impracticality unless direct and measurable harm is established.
“The success of a claim depends on proving negligence, identifying the responsible party, and establishing the extent of damages.
“Proper evidence — such as medical reports, photos, videos, and witness statements — is crucial for success in court,” he said.