Singapore SMRT Files Defence Against Lawsuit By Family Of Thai Girl Who Lost Legs

[webfact]

SMRT files defence against lawsuit by family of Thai girl who lost legs

By The Nation

Singapore's SMRT has filed its defence in the S$3.4million (Bt86 billion) lawsuit brought against the transport operator by the family of the Thai student whose legs were severed after she fell onto the Ang Mo Kio MRT Station tracks in April.

The Today newspaper last Friday reported that the SMRT, in its writ, reiterated that all the safety warnings and precautions were in place and that the distance that the train travelled after the driver slammed on the brakes was within "safety specifications".

The SMRT argued that 15yearold Nitcharee Peneakchansak's "negligence" contributed to her falling "onto the tracks at the MRT station on her own accord".

It claimed the girl was "aware of the danger of the oncoming trains and that by standing behind the yellow safety line until the train had stopped", she would have been reasonably safe from falling onto the tracks.

It said the girl had failed to keep a proper lookout for the oncoming train and had failed to stand behind the yellow safety line despite clear warning signs.

It said the absence of a barrier is not a danger or trap to minors and visitors.

It added that the incident happened on a Sunday, at 11am, which was not the station's peak time and there was no need to deploy manpower to patrol the platform.

-- The Nation 2011-09-05

[Jimjim]

Sad accident, but stations the world over don't have barriers to protect from oncoming trains. Some places do, like Thailand's subway, but it's rare from what I've seen.

Not sure I see her family winning this, but sad nonetheless.

[Partyondude]

Where did the Journalist get his exchange rates from?

I want to change some US Dollars with him

Mid-market rates: 2011-09-05 08:39 UTC 3,400,000.00 USD = 101,744,880.02 THB US Dollar Thai Baht 1 USD = 29.9250 THB 1 THB = 0.0334169 USD

that is 1/10 of 1 billion baht

so they exaggerated x 860

or did he just misspell million?????

amazing.... or is that behind the times?

[Crossy]

Partyondude, the OP specifies Singapore Dollars, current rate is about 25 Baht.

Looks like a simple typo.

[beano2274]

Why not file against the parents/or the school she was with for not looking after their daughter/the student adequately.

In Thailand there are painted yellow lines on the BTS platform everyone knows to stand behind them. This young girl, unfortunately wanted to play games and stand past the yellow line, I fail to see how the company will lose this case, also they probably have cameras showing the girl at the time.

Very sad for her, but an accident that happened because of negligence by those responsible for caring for this young girl, and not the train company.

Edited September 5, 2011 by beano2274

[ajarnmark]

Not surprised from the response of SG MRT, they are bunch of arrogant people...

Why in Thailand, there is always a guard who warns u to go behind the yellow line in order to be safe?

What happens in any SG have the same accident in Thailand? They will jump over and demand compensation...

I hope that parents will win the case and slap on the arrogance of SG... though chances are very slim as SG courts will always support SMRT...

[Dissolution]

Not surprised from the response of SG MRT, they are bunch of arrogant people...

Why in Thailand, there is always a guard who warns u to go behind the yellow line in order to be safe?

What happens in any SG have the same accident in Thailand? They will jump over and demand compensation...

I hope that parents will win the case and slap on the arrogance of SG... though chances are very slim as SG courts will always support SMRT...

Being Singaporean:

If a Singaporean were the victim of this tragedy, there wouldn't even be a news post about it. Likely, SMRT would not even have to bother with setting up a legal defence, unless the victim were one of the elites... who would not be taking the MRT in the first place.

Also since SMRT is, for all intents and purposes, the government, realistically speaking there is not a chance that this girl's family can win the case. It sucks that this is how it goes, but if I were them, I'd save the time and money, then focus on the healing and putting the event behind them.

[StreetCowboy]

Not surprised from the response of SG MRT, they are bunch of arrogant people...

Why in Thailand, there is always a guard who warns u to go behind the yellow line in order to be safe?

What happens in any SG have the same accident in Thailand? They will jump over and demand compensation...

I hope that parents will win the case and slap on the arrogance of SG... though chances are very slim as SG courts will always support SMRT...

If SMRT has been negligent then I am sure that they will lose this case and be found liable for damages. However, the onus will be on the plaintiff to show negligence on their part. And also that the identified negligence resulted in the harm suffered. Since the SMRT system is deemed adequately safe for public service, then the plaintiff will need to show that the harm was suffered through some specific action, omission or error through negligence in this incidence. If they can do that, then I am sure that they will be awarded damages, and, most likely,SMRT will receive a punitive fine as well. However, I think that the courts in Singapore are less likely to be swayed by a jury's personal empathy and identification with the family than would an American jury, for example; furthermore, it is probably far less likely to go to jury in any case...

Perhaps a timely reminder to the rest of us to learn from others' tragedy, rather than waiting for our own, and remember that accidents happen, even in the safest places, when our attention lapses...

SC

[rotary]

Sounds like a deal where the lawyers make money if they win a case by taking the case on a % of what they win. There should be laws in all countries to keep lawyers from taking cases on a % of winnings

[needhelp99]

Sounds like a deal where the lawyers make money if they win a case by taking the case on a % of what they win. There should be laws in all countries to keep lawyers from taking cases on a % of winnings

Yes, I agreed. Her father was given S$250,000 (about THB 6,000,000) from a group of anonymous Singaporean donors through Singapore Red Corss Society for her medical rehabilitation expenses. Probably, the lawyers saw that they have the money now and convinced the father that they have a case to get get more money for him. I'm sorry but I think it is greed or ignorance that he decided to take up the case. In the end, it is gonna be the lawyers that will be laughing to the bank.. Sad but this is reality.. Peneakchanasak Nitcharee is such a brave and cheerful girl and I wish her well!

http://forums.vr-zone.com/chit-chatting/1443194-sporeans-give-250-000-thai-girl-who-lost-legs-mrt-mishap-her-birthday.html

[chuang]

It is tragic for a young girl to meet with such mishap...she is a bright and cheerful girl who has won the hearts of the Singaporeans..

All her medical expanses were paid for by the good samaritans of Singapore...besides that the people have donated about SGD 400,000.00 @ 10 millions baht to her...hope she and the family would use the money wisely.

Can she win the case, it's for the court to decide....maybe her father as an insurance agent should assess the incident carefully, or settle it out of court..instead of jumping to the conclusion the the SMRT is in the wrong and demanding compensation as soon as he landed in Singapore..

[sunnyhor]

S$3.4million ? I guess the chance of winning is slim. Perhaps asking for a S$300000 , then maybe a chance.

Sad incident but the demand of the compensate is too much!!! And Singapore will not simply hand over the money without doing anything.

[markprotti]

its crazy .. how people can sue in many cases .. !