Here's A Good One............

[omlagus]

So, in short, I was attacked by a thai employee(driver) with a HAMMER!

He hit me a couple ov times in my rib cage, just under my arm. Lucky? No ribs broken, but very severe. I kinda think it would be less painful if he had. I got a police report and hospital. He has admiited he's guilty. It was entirely unproked by me. No harsh words or actions.

He wants to settle out ov court, likewise. He hasn't made an offer yet, but something tells me it's not what I would like.................

However, I would like some info on this situation. Basically. If I do want to take it to court........... ......

How much? (court)

How much compensation because it was a very malicious attack.

Cheers for any info at all.

[stumonster]

It was entirely unprovoked by me.

so why do you think it occurred ?

I doubt a driver can give you much compensation.

[slapout]

I have never been on the receiving end of this type of altercation, but if police report has been made, the police may handle the amount, payment method etc. The neighbor was attacked and when the police got involved they took over, determined amount of payment when etc. May be different where you are and his being an employee.

[bangkokrick]

So, in short, I was attacked by a thai employee(driver) with a HAMMER!

He hit me a couple ov times in my rib cage, just under my arm. Lucky? No ribs broken, but very severe. I kinda think it would be less painful if he had. I got a police report and hospital. He has admiited he's guilty. It was entirely unproked by me. No harsh words or actions.

He wants to settle out ov court, likewise. He hasn't made an offer yet, but something tells me it's not what I would like.................

However, I would like some info on this situation. Basically. If I do want to take it to court........... ......

How much? (court)

How much compensation because it was a very malicious attack.

Cheers for any info at all.

This sounds very strange, surely he must have a had some kind of motive to attack you so brutally. If it was not provoked i would certainly take him to court then he will have a record and maybe this will help future employers.

Cheers, Rick

[Ulysses G.]

He should be jailed.

[burman]

Surely there must have been some reason?

[omlagus]

He should be jailed. Agreed.

Surely there must have been some reason?

The reason was I told his son to stay away from mine. However, you don't 'hammer' somebody for that!!

For F***'s Sake!!

I did not know it was his son, or he was a driver until 3days later. In fact I don't know anything about them

Edited May 2, 2008 by omlagus

[burman]

Not that I am saying this is justified in any way at all.

But kind of interesting that at the start it was a 'unprovoked attack' and now it seems you have been having some words with his son.

Sounds like he wasn't too happy about it, what did you say to his kid to get such a brutal response?

And why is his son not welcome near yours, is he trouble too?

[GuestHouse]

Here we go again - TV Logic.

A TV member writes to report that he has been the victim of a vicious attack and the board responds with [sic] "It must have been the victim's fault".

---

My advice to the OP is not to view 'justice' in his western sense but to seek an end to the conflict - This will after all be the focus of the Thai Police.

I would be to get a lawyer to help ensure that the Police report and involvement includes a clear record of what happened and a warning by the Police that if any further attacks occur the attacker here shall be considered first suspect.

You are clearly not going to get a large settlement - but you can play the 'Thai game' and get a settlement that acts in your favour.

Rather than ask for a settlement that is paid in cash to you - ask that your attacker be made to make a payment to either a Temple, a children's charity or one of the Royal Charities.

Show yourself to be 'Jaii Dee' and that your attacker has attacked someone who holds good 'Thai' values.

Then ask that the Police warn your attacker to stay well away from you and your family.

Edited May 2, 2008 by GuestHouse

[farang prince]

Settle with him out of court then hope you don't run into him in a dark alley some night.

[burman]

Here we go again - TV Logic.

A TV member writes to report that he has been the victim of a vicious attack and the board responds with [sic] "It must have been the victim's fault".

Nobody has said it must have been the victims fault.

You know GH you have got to the point where you are making up your own quotes, attributing them to other posters and then complaining about what they said. Your need to attack posters on this board has reached new levels of late.

The board has responded with 'was there a reason?'.

And more often than not there is often a reason. From the first post to the second post from the victim we have already been hearing some more facts that may well give the 'reason'.

It also doesn't mean that the reason is justification enough for the attack and the victim is at fault.

Edited May 2, 2008 by burman

[dave111223]

Can you give us some more details?

What was said to the son (and how old is the son, what was the reason for the words to the son)?

Where did the attack happen (how long after words with the son?)

Were any words exchanged before the attack or he just ran up and started hammering you?

When you say he's an employee do you mean he works directly for you or he is a driver for the company that you work for? (I take it he has been fired?)

I just think you might get some better comments if we had the full story.

[GuestHouse]

Burman - The OP came here asking for advice... I've given my advice....

Can you please direct me to the advice that you have given to the OP?

[burman]

GH has the full story, apparently there was no reason for the attack and the Thaivisa members have judged the victim guilty of being at fault.

Admin will soon be collecting donations and TV will be sending a compensatory bottle of black label and a larger hammer to the attacker as it was no doubt a cultural difference and we don't wish to be insensitive towards our host nation.

[burman]

Burman - The OP came here asking for advice... I've given my advice....

Can you please direct me to the advice that you have given to the OP?

I'd like to get more of an idea on the full story first.

Edited May 2, 2008 by burman

[Smithson]

If there's a way to have him jailed, if even for a short time, then do it. Every crime here seems to come done to fines and compensation. I've heard a lot of ppl boast at not caring how much they have to pay if they get angry and hurt someone.

[lopburi3]

It was entirely unproked by me. No harsh words or actions.

That is hard to believe and not the whole story as this later post confirms.

The reason was I told his son to stay away from mine. However, you don't 'hammer' somebody for that!!

I would also question why you told "his son" rather than "your son" if you did not want them to associate.

That people ask for more details does not necessarily mean they are trying to make one person or another at fault but just to understand the possible reasons. That is the whole judge/jury process. Automatic assumptions either way are not helpful to anyone.

[burman]

He's not liable to have enough money for compensation or a fine, so jail time is probably going to be the result should the OP want to take this the distance.

I'd take into consideration what happened between the OP and the attackers son which may have been anything to a few polite words, to a few unpolite words to a clip round the ear or kick up the bum.

And I'd also consider the family's circumstances should the father be sent to jail as it's never just the one person that suffers.

Edited May 2, 2008 by burman

[GuestHouse]

Another point to note is that as an employee your attacker will have protections under Thai employment law relating to severance - I presume here that you are going to fire him.

It is often the case that employees who are dismissed for misconduct still claim compensation from their employees.

It would therefore be a good idea to get the settlement to include a statement signed by your attacker that he forgoes his severance pay as part of the settlement.

[burman]

^ I don't think the OP directly employed the man (but could be wrong).

From the OP's second post...

I did not know it was his son, or he was a driver until 3days later. In fact I don't know anything about them

[omlagus]

Not that I am saying this is justified in any way at all.

But kind of interesting that at the start it was a 'unprovoked attack' and now it seems you have been having some words with his son.

Sounds like he wasn't too happy about it, what did you say to his kid to get such a brutal response?

And why is his son not welcome near yours, is he trouble too?

Have you got your head down and your arse up?? It's still unprovoked on my behalf....Cos I knew f*** all. You have actually said it was provoked on his behalf!

And details.....some are not needed. I spoke to my son who's 4 and his who is 16 at the same time.

I told him to stay away. Outside the staff accom. And nothing was said. I work at the uni.

Edited May 2, 2008 by omlagus

[burman]

prov·o·ca·tion Audio Help /ˌprɒvəˈkeɪʃən/ Pronunciation Key - Show Spelled Pronunciation[prov-uh-key-shuhn] Pronunciation Key - Show IPA Pronunciation

–noun

1. the act of provoking.

2. something that incites, instigates, angers, or irritates.

3. Criminal Law. words or conduct leading to killing in hot passion and without deliberation.

You obviously angered the man (even though not deliberately), therefore it was provoked wasn't it?

If he had come and had a friendly word with you, he would have been provoked into this because you angered him by having words with his son.

As it happens (and by talking just your side of the story) then even though he was provoked into action, that action was far beyond what was needed and I feel for you, it's not nice getting attacked in any way let alone with a hammer!

Therefore, good luck with your recovery and getting the guy jailed.

[mellow1]

Not to be viewed as being culturally insensitive, but if anyone should attack me, especially with a hammer, I would hope they would go to jail for a long time. I hope this guy does too. This is of course only my opinion. Good thing he didn't hit this man in the head or spine, etc. Assault and battery is a serious crime, especially with what would be considered a deadly weapon. I think being Jai Dee would be the furthest thing in my mind.

[scotbeve]

Folks... folks.... what about the driver?? First of all, look at the job he took on! High stress esp. if it's his own car... What's the state of grey matter?? Imagine driving here EVERY DAY!!

[dave111223]

I'm not that familiar with Thai criminal law, but wouldn't this fall under criminal law and not civil law, or can criminal cases be settled outside of court here (and i don't mean brides etc... i mean does the law actually allow for it)?

In the US wouldn't this qualify for "Assault with a Deadly weapon"? (Or maybe even attempted murder?)

Any lawyers in here know what the actual Thai law specifies for this kind of assault (there must be some kind of assault statute no?)

Also to the OP; has the guy now been fired for the university?

Edited May 2, 2008 by dave111223

[joskydive]

So, in short, I was attacked by a thai employee(driver) with a HAMMER!

He hit me a couple ov times in my rib cage, just under my arm. Lucky? No ribs broken, but very severe. I kinda think it would be less painful if he had. I got a police report and hospital. He has admiited he's guilty. It was entirely unproked by me. No harsh words or actions.

He wants to settle out ov court, likewise. He hasn't made an offer yet, but something tells me it's not what I would like.................

However, I would like some info on this situation. Basically. If I do want to take it to court........... ......

How much? (court)

How much compensation because it was a very malicious attack.

Cheers for any info at all.

Sounds like a nice guy!

Ok, what does the Hospital report state to start with? i.e. How many days does it say that you should go back and see them for treatment? What medication were you given? Was your skin broken? Were you bleeding? Did you take pictures of your damaged body? Were there any other witnesses? How many days were you unable to work?

Funny questions, I know but dependent on how many days you were told to go back for treatment is a sign of how severe your bodily harm was and dependent on the severity depends on which section of the criminal law can be used against him. i.e.

Section 295. Whoever, causes injury to the other person in body or mind is said to commit bodily harm, and shall be punished with imprisonment not exceeding two years or fined not exceeding four thousand Baht, or both.

Section 391. Whoever, commits an act of violence not amounting to bodily or mental harm to the other person, shall be punished with imprisonment not exceeding one month or fined not exceeding one thousand Baht, or both.

The Police can take this matter to the prosecutor to decide whether this case should go to court, unless of course, you have stated that you don't wish for this to happen. If you have done this and your attacker agreed to pay a sum to you instead and has not done so yet, you can contact the Police again and ask them to contact him for you.

You can take a private case against him if the Police have decided not to do anything and you will require all statements and hospital reports to give to your Lawyer.

Employing a Lawyer could cost you anywhere up to 50,000 Baht. This, of course, would include the court fees.

Hope this information helps you and good luck.

[Mossfinn]

Omlagus, you did ask this

However, I would like some info on this situation

so it would have been helpful to know this

I spoke to my son who's 4 and his who is 16 at the same time.

and I think this is quite reasonable

I told him to stay away

as long as it was done in a reasonable manner.

As to what to do, I think a compensatory offer, settled out of court and conspicuously donated to a suitable charity, with the tacit agreement to stay away from your family would be the way to go.

Moss

Edited May 2, 2008 by Mossfinn

[disgruntled]

Did you talk to the guy after the event? What did he say to you? Why were you worried about his son? Aren't members of your staff getting involved? Usually the uni would want to help work this situtation out since it sounds like it happened on campus and involves two employees.

[Scott]

Very sorry to hear about your dilemma. I'll remember not to tell my neighbors to let their dog in the house because it's sitting outside howling!!

Best of luck to you.