Liu Zhu, 69, and his daughter, Liu Xinxin, 36, were in a vehicle on the premises of the Pinang Peranakan Mansion when they were crushed by a tree which fell from an adjacent property into the mansion’s driveway on Sept 18 last year.

Their next-of-kin are seeking compensation from Peranakan Mansion’s operator and owner, the owner of the property in which the tree was located, a local tour agency, and the driver engaged by the agency.

The family from Sanhe city in China’s Hebei province alleges that the five parties failed in their duty of care and safety, which could have prevented the fatal accident.

During a press conference here, their lawyer Ng Kian Nam said the tragedy could have been avoided if parties had taken reasonable steps to ensure public safety, such as by maintaining the tree.

Ng said the family was also considering legal action against the Penang Island City Council (MBPP). He asked why a notice flagging the tree as a potential danger was only issued two days after the incident and whether the council had taken any enforcement action against the property owner.

“We also wonder if any public liability insurance was taken to protect the safety of the public in MBPP’s jurisdiction, especially against fallen trees. These are the questions we have put to the MBPP mayor in writing. Pending their response, we will decide if we will sue the city council,” he said.

Zhu’s wife and Xinxin’s mother, Yang Xueli, described the loss of her husband and daughter as unbearable.

“Every night, I lie in bed staring at the empty space beside me where my husband used to be. The silence is deafening, and the loss feels like a knife cutting into my soul over and over again,” she said in a Zoom call during the press conference.

“My grandson clutches his toys waiting for his mother to come home. He asks me why she hasn’t returned yet. How do I explain to a child that his mother is gone forever because of someone’s carelessness?”

The 69-year-old also asked why Penang authorities had not taken measures to prevent the tragedy such as by maintaining the tree, providing proper warnings about the weather, or ensuring proper transport.

“If they had done their jobs… my husband and daughter might still be here today.”

Liu Yuhui, the son and brother of the two deceased, said his father and sister went to Malaysia trusting the general safety of holidaying in the country.

Yuhui, 43, also claimed it was reckless for the tour agency to hire a driver without a public service vehicle licence and ignore a purported warning about an impending storm in Penang.

“It was as if they sent my family into danger without a care for their lives,” he said in a Zoom call at the same press conference.

FMT is attempting to reach the parties involved for comment.