KUALA LUMPUR – A participant of an ultra-running race is seeking legal action towards event organiser Malaysia Ultra Running for negligence during a marathon race they conducted on December 17.
Chua Kah Yi broke her ankle during the “Cinta Ultra” race, which was held within the vicinity of Universiti Malaya (UM), here.
Speaking to The Vibes, Kah Yi said the organiser had not incorporated any safety features such as positioning safety officers, traffic cones and the like to prevent runners from running into traffic along the routes.
“From the starting line, we (she and other participants) did not see any traffic cones along the route or Rela (Volunteer Corps) officers to look after the participants.
“I feel that this (her accident) could have been prevented if the organisers had placed traffic cones and position safety officers along the route,” she said.
The race was flagged off at about 8pm for the 12-hour marathon that was scheduled to end at about 8am the next morning.
Around 11.45pm, Kah Yi was met with an accident with a motorcycle driven by an alleged UM student with no driver’s license.
The accident caused her to suffer a serious injury to her ankle.
‘Fractured ankle, splintered bones... but no relative compensation’
“I never noticed the motorcycle was heading towards me from behind until they hit me and I fell,” she said.
“It was very painful. I could not move my leg at all, and my foot started swelling. That was when I knew something was definitely wrong.”
Kah Yi added that the ambulance came within 10 to 15 minutes. She was taken to the nearest hospital, Pantai Hospital in Bangsar for treatment.
The doctor informed her that she suffered from a fractured ankle, with the bone splintered inwards.
She was admitted for two nights.
Kah Yi, who is an entrepreneur of a small-to-medium enterprise, shared that the race director Jeff Ooi paid her a visit at the hospital only to apologise, but refused to take any responsibility for the incident.
“He asked me what I needed for my recovery and whether I needed any support, but he could only offer free slots for his upcoming events.
“I might not be able to get back to the same fitness level as before the accident. Why is he offering me free slots in running competitions when I am in this condition?
“I had to use my own medical insurance, because the organiser refused to take any responsibility for it.”
‘Event organiser has no license’
Checks by The Vibes with Sports Commissioner Ibrahim Mohd Yusof proved that the event was organised without a license.
Ibrahim told The Vibes that the organiser had only applied for the license after the event date.
The latter also failed to submit the complete documentation required for the application.
“For local organisers, they are required to submit the complete application at least 30 days before the event date.
“It is mandatory for an organiser to get a sanction from the relevant sport governing body, in this case, the Malaysia Ultra Running Association,” he said.
Ibrahim noted that according to Section 36 of the Sports Development Act 1997, a company may not engage in any sporting activity or any other activity related to sports, as prescribed by the minister in regulations unless it is licensed to do so by the commissioner.
He also noted, and the act stated, any company that violates the act and is convicted can be fined not less than RM50,000 but not more than RM500,000 or imprisoned for a period not exceeding five years or both.
“A company needs to have a license, other than to run an event it is also to highlight certain rules to running an event set by the related sport governing body.
“If the victim has lodged a police report, then the police should carry out the investigation.
‘Moving forward with legal action’
In the meantime, Kah Yi added that she wished to move forward with legal action towards the organisers.
Yet, her lawyer informed her that the police are unable to assist with the investigation.
She had lodged a police report at the Brickfields police station.
“Ibrahim told my lawyer that he would not issue a statement against the organiser unless police issue an investigation letter.
“But police said they cannot investigate the organisers, but they are investigating the unlicensed motorcyclist.
“I am not just looking to sue them for negligence, but I also want to spread awareness to other amateur runners to be careful when choosing an event and organisers for the sake of their safety.
“We have families. Why would we put ourselves in danger?
“We pay to join events so that we could run safely. To think that event organisers would provide us with a safe route where we can enjoy the sport,” Kah Yi lamented. – The Vibes, January 26, 2023
