"Friend" avoided a disaster at local mall ... "fun" legal question.

[Jingthing]

Yes, there would be a case for legal damages.
 
The injured party would need to bring the claim to court, within one year, and if the judge 
determined the defendant acted in a negligent manner that caused injury, the injured party
would be entitled to compensation that covered his expenses loss of current and future
earnings. There can be no punitive damages.

Perhaps but it still seems to me the pushback would be you need to look where you're walking even up.

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[1FinickyOne]

2 hours ago, Jingthing said:

It's not hypothetical. Read the O.P. 

Sure, I read the OP- but I was responding to Katia who raised a hypothetical... if you notice, I quoted katia and my response was to that... 

[bleble]

3 hours ago, Jingthing said:

Nope.

Read the O.P.

The disaster was only avoided by a quick reaction by a staff to turn off the remote control. The head was heading for a DIRECT high speed hit. There was no stopping by anyone.

 

To add, the detail about the time may not really be so relevant. In this case it was before the mall actually closed. But you bring up a good point that there ideally should be measures in place to physically prevent people from entering during door lowering even if done at exact closing times. 

 

 

This si what "your friend" told you and it is impossible. Nothing closes at that speed.

 

 

[puffy]

49 minutes ago, Jingthing said:

Perhaps but it still seems to me the pushback would be you need to look where you're walking even up.

Sent from my Lenovo A7020a48 using Thailand Forum - Thaivisa mobile app
 

I did not say if legal damages would be awarded only that there would be a case for damages. However if the actions were seen as negligent, the looking where you are going argument would not matter, whether closing a shutter early would be considered negligent is another matter. The reality is, it would go to mediation first, where an offer with no admitted liability would probably be agreed upon.

[Jingthing]

 
This si what "your friend" told you and it is impossible. Nothing closes at that speed.
 
 

It's possible.

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[Jingthing]

I did not say if legal damages would be awarded only that there would be a case for damages. However if the actions were seen as negligent, the looking where you are going argument would not matter, whether closing a shutter early would be considered negligent is another matter. The reality is, it would go to mediation first, where an offer with no admitted liability would probably be agreed upon.

That's kind of what I was thinking especially with a famous international brand it might in their interest just to settle for the sake of PR. On the other hand if they wanted to fight it they'd have the edge with the best lawyers.

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[cracker1]

Are you sure your friends time piece was acurately set to the Atomic Clock ?

If you don't know about this check Google for it's accuracy.

[StreetCowboy]

1 hour ago, cracker1 said:

Are you sure your friends time piece was acurately set to the Atomic Clock ?

If you don't know about this check Google for it's accuracy.

I did a quick check on Google “is JingThing’s friend’s watch accurate?” and did not come up with any helpful definitive answers.

 

Maybe you can help with my other question “Where’s Zoobin?”  I’ve not seen him around for over a year

[sipi]

Note to self for future reference.

If lacking funds run into brick wall and blame someone else.

[Jingthing]

1 hour ago, sipi said:

Note to self for future reference.

If lacking funds run into brick wall and blame someone else.

That's pretty stupid and missing the point. A high speed HEAD collision with a hard metal object can easily be fatal.

Edited December 14, 2017 by Jingthing

[sipi]

1 hour ago, Jingthing said:

That's pretty stupid and missing the point. A high speed HEAD collision with a hard metal object can easily be fatal.

Edit...

Note to self for future reference. 

If running short  of funds walk slowly into a shop front roller shutter and blame someone else.

[Costas2008]

4 hours ago, sipi said:

Note to self for future reference.

If lacking funds run into brick wall and blame someone else.

It's nice to know, my good friends, are still around and still possess the old wit.

Hello, Sipi, my dearest friend.

[jacko45k]

Sounds like the friend has been hit on the head before!

[Briggsy]

The whole thread is projecting Western concepts, norms and procedures on to a society which does not respect these concepts and has different norms and procedures. Therefore the concept of litigation is moot. The plaintiff would simply incur expenses and the case would spend years going nowhere. The store would simply cover some initial medical expenses until it felt it had spent enough.

[sipi]

50 minutes ago, Costas2008 said:

It's nice to know, my good friends, are still around and still possess the old wit.

Hello, Sipi, my dearest friend.

Good Lord Costas. Bloody great to hear from you. How are you my friend?

[Costas2008]

4 minutes ago, sipi said:

Good Lord Costas. Bloody great to hear from you. How are you my friend?

Have to say.....you wake up early, Sipi!!!!!!

I'm fine, just getting older.....

Not any more in Thailand.

After 10 years decided to leave the paradise and see how hell looks like, in Greece.

We will be in touch.

Wish you and your beautiful wife all the Best, my friend.

[pgrahmm]

1 hour ago, Costas2008 said:

It's nice to know, my good friends, are still around and still possess the old wit.

Hello, Sipi, my dearest friend.

Whoa...... Welcome back - good to hear you're "back" & in fighting trim.....You've been missed....

[pgrahmm]

3 hours ago, Costas2008 said:

It's nice to know, my good friends, are still around and still possess the old wit.

Hello, Sipi, my dearest friend.

So about a year & a half ago Costas got bonked on the head walking/perusing in a shopping mall? Semi not watching where he was going - lost deep in thought, no doubt....

 

Now RipVan Costas is back amongst us alive and well.....In Greece of all places.....

Edited December 15, 2017 by pgrahmm

[Gecko123]

8 hours ago, Costas2008 said:

It's nice to know, my good friends, are still around and still possess the old wit.

 

Hello, Sipi, my dearest friend.

Sipi,

Please add Costas2008's name to POTY candidate list. Costas, you have a real shot at this. Play the sympathy angle; tell everybody you've been in a coma or that you just got out of a mental hospital. Just say the word if you need a campaign manager. 

[grollies]

I would argue the case that, at 5 minutes to known closing time, your 'friend' should have been walking out of said establishment, not into it.

 

Trying to order from said establishment at what could reasonably be considered closing time (remember, it is tha mall that closes at 11pm and all businesses necessarily have to close before the mall closes it's doors) I would construe as being a small-minded attempt, possibly under the influence of alcohol, to ''prove a point'' and attempt to intimidate staff by ''asserting one's rights''......''I demand to be served my burger/pizza/doughnuts* as you are still within opening hours''.

 

Said establishment would have reasonable grounds to refuse to serve as the burger/pizza/doughnut* would take more time to prepare than the 5 minutes left until closing time.

 

Said establishment would be entitled to recoup any losses incurred

 

1. by way of damage to the shutter being lowered

 

2. all legal expenses incurred by said establishment

 

3. payment for rescue team costs

 

4. compensation payments (aka 'sick buffalo scheme') to those affected by witnessing the bloody aftermath

 

5. counselling fees for PTSD treatment

 

Case Dismissed 

 

* delete as applicable

[thaibeachlovers]

I thought the OP had been in LOS long enough to know that "liability" lies entirely in the relative hisoness of the opposing parties.