From the situation, Mr A had entered the highway of Keramat Link with a motorcar NBC 6688 towards Bayan

Lepas through the Keramat Link tollgate on 21st Oct 2011 at about 8pm. There was no fence to prevent any person or animals to cross the highway. As a result, Mr A had suffered injuries in an accident when his motorcar collide into a cow which strayed on to the highway. Mr A alleged that liability for the accident must attach to Syarikat Lebuhraya Keramat Link, but the company denied any liability and submitted that the accident was caused by the failure of Mr A and he should sue the cow owner, not their company. In my opinion, the defendant, Syarikat Lebuhraya Keramat Link should fully responsible and cannot deny any liability in this case because the company had already entered into agreement with Government of Malaysia that stating the said Company as the authority responsible for construction, management and safety of the said highway. From the situation, Syarikat Keramat Link said the accident was caused by the failure of Mr A as a driver to be on the lookout for the cow crossing the highway. But the highway was constructed without fence to prevent any person or animals to cross. This is the negligence of Syarikat Lebuhraya Keramat Link on safety that already stated in the agreement with Government of Malaysia. In the Blyth v Birmingham Waterworks Company case, Baron Anderson state that negligence is the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do. As a general knowledge, highway is to connect transportation between each state in a country. Because of time and distance factor, highway is designed for vehicle to travel with a high speed, so that the passengers or goods arrive the destination within a short period. It is impossible for the drivers even for the professional racers to emergency stop their vehicles effectively with a high speed when animals or persons crossing the road suddenly. So, during the design stage of the highway, they should always update the research base on the economic activities along the highway road and they should manage so that the activities will not effect to the highway users. Besides that, they should build the fence to prevent anything crossing the highway. This is the most important safety precautions that they should not ignore it. As a result, Syarikat Lebuhraya Keramat Link should fully responsible to their negligence in safety precautions. Secondly, Mr A no need to sue the cow owner, this is because if the cow is replaced with other wild animals, then it is still the responsible of Syarikat Lebuhraya Keramat Link because of their negligence on safety. From the Principle of Neighbour of Donoghue v Stevenson case, Lord Atkin said that: You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then, in law is my neighbour? Neighbour is the persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question. In this case, the term neighbour is refer to Mr A. Just because of the negligence of Syarikat Lebuhraya Keramat Link in safety precautions, it causes Mr A injured in this accident. So, the company owed them a duty of care to prevent the cow trespass the highway. As a result, Mr A can sue the company and claim back the general and special damages.