Hundreds Of Victims Sue Premier, Govt Officials Over Flood Ordeal: Thailand

[webfact]

Hundreds of victims sue premier, govt officials over flood ordeal

Chularat Saengpassa

The Nation

For the first time in Thailand, hundreds of people have taken legal action against relevant authorities and officials, including the prime minister, over the flood crisis.

The Stop Global Warming Association (SGWA) has represented them in bringing the case to the Central Administrative Court today.

"It's going to be a historic case," SGWA president Srisuwan Janya said.

He said 350 people were there in the first batch of flood victims who had authorised his association to represent them at the Central Administrative Court.

"There will be more batches," he added.

This year, severe flooding raged across many provinces in the country and turned millions of people into flood victims. Many of them have seen their houses under flood water for more than one month.

"We will file a complaint against 11 authorities and officials on grounds of negligence, delayed delivery of services and committing actions that cause damages," Srisuwan said.

He said the government had the Disaster Prevention and Mitigation Act in place but failed to enforce it for the flood-prevention and flood-relief operations. He said the government was also too slow in sending relief items to flood victims.

Srisuwan said the construction of big-bag floodwalls has also hurt many people who then have had to face prolonged flooding.

SGWT believed Prime Minister Yingluck Shinawatra, the Flood Relief Operations Centre, Agriculture Minister Theera Wongsamut, Interior Minister Yongyuth Wichaidit, the director-general of the Royal Irrigation Department, the director-general of the Disaster Prevention and Mitigation Department, the director-general of the Water Resources Department, the director-general of the Pollution Control Department, the director of the National Disaster Warning Centre, Bangkok Metropolitan Administration, and the Department of Public Works and Town & Country Planning) should be held responsible.

The SGWT has described the government's offer to pay Bt5,000 compensation to each flood-hit household as a contemptuous sum.

"That amount of money is hardly enough to replace a door," Srisuwan said.

He said each of the 350 flood victims in the first batch wants the compensation amount to be no less than Bt100,000. Some even wanted a seven-digit compensation amount, he added.

"We have decided to sue the relevant authorities on behalf of the flood victims because it may be hard for people to fight the case against the government on their own," he said.

Srisuwan said SGWT had already prepared a team of legal experts for the case.

Among them were Warn Tiamjaras, a former senator, Kamon Srisawas, Padungsak Tienpairoj, Jakkrit Wilaisomsakul, Chaiwanrat Paisan, Thanawat Tasak, Anan Amornthammawut, Chokchai Saeng-aroon, Tewait Chotecharoenporn, Kris Thamkunakorn, and Sanit Noraheem.

So far, Srisuwan said SGWT would represent the flood victims in the Administrative Court only.

"After the Administrative Court issues a ruling, they may use it in the Criminal and Civil courts," he said.

Srisuwan has been conducting a campaign for flood victims to come forward and take action against relevant authorities and officials over what they see as the mismanagement.

SGWT held a seminar on "2011 Flood Crisis: Inevitable or a Result of Poor Management?" at the Imperial Queen's Park Hotel on December 15.

On its website, it also tells flood-hit people unhappy with the compensation amount from the government to exercise their right to sue.

Srisuwan said after SGWT had finished the paperwork for more victims, it would lodge more complaints on behalf of the flood victims with the Central Administrative Court.

"From next week onward, I will visit more flood-hit communities in Bangkok and its adjacent provinces to inform them of the process to sue relevant authorities if they want to," he said.

-- The Nation 2011-12-21

[laurentbkk]

Well ,for those who lost so much during this flood ,its totally understandable . I would do the same if I was not a foreigner ... I also lost a lot .

[pimay11]

Well ,for those who lost so much during this flood ,its totally understandable . I would do the same if I was not a foreigner ... I also lost a lot .

I suppose if you don't own a condo, the house is in a Thai person's name. Might be worth looking into.

[moe666]

Just because you are a farang doesn't mean you donot have options. Thai courts find for farangs in many cases that go to court. There have been posts on Thaivisa supporting fairness for farangs in court.

[SomTumTiger]

I applaud them for this, and I hope many many more follow suit. Its time for people to hold government officials accountable for their idiotic actions.

[swisstouristpattaya]

They delayed help, and ask US boats to go back to USA.

Then they didn't install portable wc, and keep food for resale or mark it as taksin owner.

Should I continue?

sent from tapatalk :-)

[gregb]

Unfortunately I was unable to get back into my house yet on the 15th so I could not provide any documentary evidence of the damage for this round of lawsuits. But I will definitely be joining the next round. I was able to get back in finally last Sunday, and I estimate damages at approximately 350,000, not including rental expenses and lost income due to my family being forced from our home, which is still ongoing.

In the interests of fairness and a quick resolution, I'll settle for just the 350k to repair my house. But I do hope this case goes to trial and we get to see those responsible try and justify their actions in a court of law. I get sick of hearing politicians tell outrageous lies and expect people to accept it. You can't do that when you are trying to justify criminally negligent actions to an expert in the field during court proceedings.

[Babcock]

They delayed help, and ask US boats to go back to USA.

Then they didn't install portable wc, and keep food for resale or mark it as taksin owner.

Should I continue?

sent from tapatalk :-)

People have insurance however I was told by a victim that they couldn't get flood insurance which is ridiculous. It would be worth finding out about the kinds of insurance available.

[Babcock]

Unfortunately I was unable to get back into my house yet on the 15th so I could not provide any documentary evidence of the damage for this round of lawsuits. But I will definitely be joining the next round. I was able to get back in finally last Sunday, and I estimate damages at approximately 350,000, not including rental expenses and lost income due to my family being forced from our home, which is still ongoing.

In the interests of fairness and a quick resolution, I'll settle for just the 350k to repair my house. But I do hope this case goes to trial and we get to see those responsible try and justify their actions in a court of law. I get sick of hearing politicians tell outrageous lies and expect people to accept it. You can't do that when you are trying to justify criminally negligent actions to an expert in the field during court proceedings.

So what insurance do you have?

Maybe it's the case that the insurers say that if you live in a flood plain they cannot insure against flooding. In short it is at your own risk. This would apply to most of Bangkok

Far more needs to be provided by central government

And this action even if unsuccessful

I hope it will result in significant investigations with serious funding

[phiphidon]

Unfortunately I was unable to get back into my house yet on the 15th so I could not provide any documentary evidence of the damage for this round of lawsuits. But I will definitely be joining the next round. I was able to get back in finally last Sunday, and I estimate damages at approximately 350,000, not including rental expenses and lost income due to my family being forced from our home, which is still ongoing.

In the interests of fairness and a quick resolution, I'll settle for just the 350k to repair my house. But I do hope this case goes to trial and we get to see those responsible try and justify their actions in a court of law. I get sick of hearing politicians tell outrageous lies and expect people to accept it. You can't do that when you are trying to justify criminally negligent actions to an expert in the field during court proceedings.

Let's just say that what unfortunately happened to you happened last year when the democrats were in power. Would you have gratefully accepted the 5000 THB that was on offer then? The democrats and their flood disaster "organisation" advisors were just as culpable (and many of them were in the same jobs, irrigation officials etc).

[gregb]

Unfortunately I was unable to get back into my house yet on the 15th so I could not provide any documentary evidence of the damage for this round of lawsuits. But I will definitely be joining the next round. I was able to get back in finally last Sunday, and I estimate damages at approximately 350,000, not including rental expenses and lost income due to my family being forced from our home, which is still ongoing.

In the interests of fairness and a quick resolution, I'll settle for just the 350k to repair my house. But I do hope this case goes to trial and we get to see those responsible try and justify their actions in a court of law. I get sick of hearing politicians tell outrageous lies and expect people to accept it. You can't do that when you are trying to justify criminally negligent actions to an expert in the field during court proceedings.

Let's just say that what unfortunately happened to you happened last year when the democrats were in power. Would you have gratefully accepted the 5000 THB that was on offer then? The democrats and their flood disaster "organisation" advisors were just as culpable (and many of them were in the same jobs, irrigation officials etc).

First, you are completely wrong about most of your points as far as I am concerened, but that is irrelevant. I would not accept 5000 baht no matter who was in power. A great injustice has been done, and I will fight for the justice I am owed.

Edit: BTW, the one thing you are not wrong about is that some Democrats are also to blame. In particular, Governor Sukhumbhand supported the construction of the big bag barrier, and he has also injured me. It is only you who are trying to turn this into a political statement.

Edited December 21, 2011 by gregb

[gregb]

Unfortunately I was unable to get back into my house yet on the 15th so I could not provide any documentary evidence of the damage for this round of lawsuits. But I will definitely be joining the next round. I was able to get back in finally last Sunday, and I estimate damages at approximately 350,000, not including rental expenses and lost income due to my family being forced from our home, which is still ongoing.

In the interests of fairness and a quick resolution, I'll settle for just the 350k to repair my house. But I do hope this case goes to trial and we get to see those responsible try and justify their actions in a court of law. I get sick of hearing politicians tell outrageous lies and expect people to accept it. You can't do that when you are trying to justify criminally negligent actions to an expert in the field during court proceedings.

So what insurance do you have?

Maybe it's the case that the insurers say that if you live in a flood plain they cannot insure against flooding. In short it is at your own risk. This would apply to most of Bangkok

Far more needs to be provided by central government

And this action even if unsuccessful

I hope it will result in significant investigations with serious funding

Standard homeowner's policies in Thailand do not cover flooding. Fire and theft only.

However, in this case the problem is not the flood, but gross incompetence by those responsible for managing the dams, and intentionally building a dam out of big sand bags that caused my house to flood longer and deeper than was necessary. These were conscious actions by people and I should not be required to have insurance against intentional damage by others to my property.

They are responsible, and I will do what I can to make them accept their responsibility.

[laurentbkk]

The responsible are the 2 governments , The democrat for not having see the seriousness of the fact in Ayutaya as it started in july and the actual government for very little action ..specially to sacrifice the whole Bangkok north provinces to keep BKK dry . We cannot blame only the actual PM. I am not an expert but for sure something different could have been done . Lets hope that will not happen again for the next rainy season .

[brianb1944]

Well ,for those who lost so much during this flood ,its totally understandable . I would do the same if I was not a foreigner ... I also lost a lot .

We lost about 250,000 in the CM flood, wife recently received 5000 compensation, which was paid in cash, the authorities must have turned up with a staggering amount of money, because literally 1000s of people turned up to receive their 5000baht.

[Babcock]

Unfortunately I was unable to get back into my house yet on the 15th so I could not provide any documentary evidence of the damage for this round of lawsuits. But I will definitely be joining the next round. I was able to get back in finally last Sunday, and I estimate damages at approximately 350,000, not including rental expenses and lost income due to my family being forced from our home, which is still ongoing.

In the interests of fairness and a quick resolution, I'll settle for just the 350k to repair my house. But I do hope this case goes to trial and we get to see those responsible try and justify their actions in a court of law. I get sick of hearing politicians tell outrageous lies and expect people to accept it. You can't do that when you are trying to justify criminally negligent actions to an expert in the field during court proceedings.

So what insurance do you have?

Maybe it's the case that the insurers say that if you live in a flood plain they cannot insure against flooding. In short it is at your own risk. This would apply to most of Bangkok

Far more needs to be provided by central government

And this action even if unsuccessful

I hope it will result in significant investigations with serious funding

Standard homeowner's policies in Thailand do not cover flooding. Fire and theft only.

However, in this case the problem is not the flood, but gross incompetence by those responsible for managing the dams, and intentionally building a dam out of big sand bags that caused my house to flood longer and deeper than was necessary. These were conscious actions by people and I should not be required to have insurance against intentional damage by others to my property.

They are responsible, and I will do what I can to make them accept their responsibility.

A decision was made to protect inner Bangkok. At the time I couldn't understand why San Saeb canal and Phra Kanong were not used to ferry the water out to the river. These are major canals.

Near us the Phra Kanong canal waters were just stagnant.

They feared that if they released the waters into these canals that the banks couldn't contain the waters and Sukhumvit etc would get flooded.

[whybother]

The responsible are the 2 governments , The democrat for not having see the seriousness of the fact in Ayutaya as it started in july and the actual government for very little action ..specially to sacrifice the whole Bangkok north provinces to keep BKK dry . We cannot blame only the actual PM. I am not an expert but for sure something different could have been done . Lets hope that will not happen again for the next rainy season .

Yep ... the Democrats should have done something in the 2 days that they were in care-taker government when Typhoon Nok-ten started causing flooding in the North East on July 31.

Ayutthaya didn't start flooding until late August (or maybe a bit later).

[thaihome]

SGWT is a Greenpeace front. This will rapidly turn into a campaign to stop further development in the central plains.

TH

[phiphidon]

Unfortunately I was unable to get back into my house yet on the 15th so I could not provide any documentary evidence of the damage for this round of lawsuits. But I will definitely be joining the next round. I was able to get back in finally last Sunday, and I estimate damages at approximately 350,000, not including rental expenses and lost income due to my family being forced from our home, which is still ongoing.

In the interests of fairness and a quick resolution, I'll settle for just the 350k to repair my house. But I do hope this case goes to trial and we get to see those responsible try and justify their actions in a court of law. I get sick of hearing politicians tell outrageous lies and expect people to accept it. You can't do that when you are trying to justify criminally negligent actions to an expert in the field during court proceedings.

Let's just say that what unfortunately happened to you happened last year when the democrats were in power. Would you have gratefully accepted the 5000 THB that was on offer then? The democrats and their flood disaster "organisation" advisors were just as culpable (and many of them were in the same jobs, irrigation officials etc).

First, you are completely wrong about most of your points as far as I am concerened, but that is irrelevant. I would not accept 5000 baht no matter who was in power. A great injustice has been done, and I will fight for the justice I am owed.

Edit: BTW, the one thing you are not wrong about is that some Democrats are also to blame. In particular, Governor Sukhumbhand supported the construction of the big bag barrier, and he has also injured me. It is only you who are trying to turn this into a political statement.

What political statement? I merely asked the question whether you would have joined a class action against the democrats (or even started one if one not already in place) as it is obvious that the PTP government is in power at the moment - in other words to determine whether you were the one being political in their demands.

[webfact]

Climate activists file class action lawsuit against prime minister for flood mismanagement

BANGKOK, Dec 21 – Thai climate change activists from the Stop Global Warming Association on Wednesday led 300 flood victims in suing Prime Minister Yingluck Shinawatra and 10 government agencies for their inadequate response and mismanagement in the recent flood crisis.

Environmentalist Srisuwan Janya, who heads the anti-global warming group, was first plaintiff representing 352 flood victims--joint plaintiffs--in filing suit at Thailand’s Administrative Court, demanding that the defendants financially compensate those affected by the flood for the actual cost of damages.

Stop Global Warming also demanded the government to ready a Bt2 billion budget annually for a flood victims’ rehabilitation fund. The fund would be increased by 5 per cent annually or in accord with inflation.

The 11 defendants were the prime minister, the Flood Relief Operations Centre (FROC) chief, the agriculture and cooperatives minister, the interior minister, the director-general of the Royal Irrigation Department, the director-general of the Disaster Prevention and Mitigation Department, the director-general of the Water Resources Department, the director-general of the Pollution Control Department, the director of the National Disaster Warning Centre, the director-general of the Department of Public Works and Town & Country Planning and the governor of Bangkok.

The petition was filed with environment section of the Central Administrative Court.

Mr Srisuwan said the group was only the first batch of the flood victims demanding the government to accept responsibility and he believed similar lawsuits would follow.

He said the complaint was filed on grounds of negligence, delayed delivery of services and committing acts damaging to the public.

This was the first ‘class action’ case involving hundreds of people taking legal action against relevant authorities and officials, including the prime minister, over the flood crisis. (MCOT online news)

-- TNA 2011-12-21

[Skywalker69]

They delayed help, and ask US boats to go back to USA.

Then they didn't install portable wc, and keep food for resale or mark it as taksin owner.

Should I continue?

sent from tapatalk :-)

No please, it would be way to loooooooong.

[theanimaster]

Unfortunately I was unable to get back into my house yet on the 15th so I could not provide any documentary evidence of the damage for this round of lawsuits. But I will definitely be joining the next round. I was able to get back in finally last Sunday, and I estimate damages at approximately 350,000, not including rental expenses and lost income due to my family being forced from our home, which is still ongoing.

In the interests of fairness and a quick resolution, I'll settle for just the 350k to repair my house. But I do hope this case goes to trial and we get to see those responsible try and justify their actions in a court of law. I get sick of hearing politicians tell outrageous lies and expect people to accept it. You can't do that when you are trying to justify criminally negligent actions to an expert in the field during court proceedings.

Let's just say that what unfortunately happened to you happened last year when the democrats were in power. Would you have gratefully accepted the 5000 THB that was on offer then? The democrats and their flood disaster "organisation" advisors were just as culpable (and many of them were in the same jobs, irrigation officials etc).

First, you are completely wrong about most of your points as far as I am concerened, but that is irrelevant. I would not accept 5000 baht no matter who was in power. A great injustice has been done, and I will fight for the justice I am owed.

Edit: BTW, the one thing you are not wrong about is that some Democrats are also to blame. In particular, Governor Sukhumbhand supported the construction of the big bag barrier, and he has also injured me. It is only you who are trying to turn this into a political statement.

What political statement? I merely asked the question whether you would have joined a class action against the democrats (or even started one if one not already in place) as it is obvious that the PTP government is in power at the moment - in other words to determine whether you were the one being political in their demands.

I for one don't care whether they're red shirts or yellow shirts at fault. I'd sue them both if I got the support/chance!

[theanimaster]

Oh and one OTHER EXTREMELY IMPORTANT point of information CONVENIENTLY left out -- The WEBSITE w information about where to go and how-to-sue the government.... where is it??

[metisdead]

A profanity laden post has been removed.

[garrya]

If this happens and they win and subsequently establishes a precedent then we all start suing any government, any council, any authorities anytime. for example, will I sue the government when miscalculate the GDP growth??

Can I sue a meteorologist when misinforms us or misjudges the weather?

[WarpSpeed]

Just because you are a farang doesn't mean you donot have options. Thai courts find for farangs in many cases that go to court. There have been posts on Thaivisa supporting fairness for farangs in court.

Anyone have the site link? Been searching can't find it.

Actually the site I'm referring to is the one to file suit..

Edited December 22, 2011 by WarpSpeed

[wxyz]

good luck with that, i doubt they will get much of anything

[WarpSpeed]

Unfortunately I was unable to get back into my house yet on the 15th so I could not provide any documentary evidence of the damage for this round of lawsuits. But I will definitely be joining the next round. I was able to get back in finally last Sunday, and I estimate damages at approximately 350,000, not including rental expenses and lost income due to my family being forced from our home, which is still ongoing.

In the interests of fairness and a quick resolution, I'll settle for just the 350k to repair my house. But I do hope this case goes to trial and we get to see those responsible try and justify their actions in a court of law. I get sick of hearing politicians tell outrageous lies and expect people to accept it. You can't do that when you are trying to justify criminally negligent actions to an expert in the field during court proceedings.

I agree and in our case the out they're trying to use is that the owner of our house is Chinese and in China and getting papers from him to prove our living arrangements are problematic at best so the local office has made it as difficult as possible for us to file for even the pittance they have offered so now the only other recourse for settlement is this suit.

I also intend to pursue it as well, it's akin to theft, someone reaching deep in my pocket taking out a large sum of money and you KNOW they all made large sums of money and will benefit for some time to come off this man made disaster. Unfortunately the real thieves are the previous government too, though there is definitely enough blame to go around. In the end it comes down to principle and responsibility as much as anything else.

[WarpSpeed]

The responsible are the 2 governments , The democrat for not having see the seriousness of the fact in Ayutaya as it started in july and the actual government for very little action ..specially to sacrifice the whole Bangkok north provinces to keep BKK dry . We cannot blame only the actual PM. I am not an expert but for sure something different could have been done . Lets hope that will not happen again for the next rainy season .

Yep ... the Democrats should have done something in the 2 days that they were in care-taker government when Typhoon Nok-ten started causing flooding in the North East on July 31.

Ayutthaya didn't start flooding until late August (or maybe a bit later).

Yep and that amount of water suddenly appeared over night and had nothing at all to do with the 6 months of solid rain prior .

[WarpSpeed]

Unfortunately I was unable to get back into my house yet on the 15th so I could not provide any documentary evidence of the damage for this round of lawsuits. But I will definitely be joining the next round. I was able to get back in finally last Sunday, and I estimate damages at approximately 350,000, not including rental expenses and lost income due to my family being forced from our home, which is still ongoing.

In the interests of fairness and a quick resolution, I'll settle for just the 350k to repair my house. But I do hope this case goes to trial and we get to see those responsible try and justify their actions in a court of law. I get sick of hearing politicians tell outrageous lies and expect people to accept it. You can't do that when you are trying to justify criminally negligent actions to an expert in the field during court proceedings.

So what insurance do you have?

Maybe it's the case that the insurers say that if you live in a flood plain they cannot insure against flooding. In short it is at your own risk. This would apply to most of Bangkok

Far more needs to be provided by central government

And this action even if unsuccessful

I hope it will result in significant investigations with serious funding

Other countries such as my own, self insure in those cases and force the private insurance companies to provide coverage through group plans or they can't insure anyone in any case.. It's not fair for insurance companies to single out and discriminate against others and retain only the profitable cases.

The insurance companies tried this in Florida a few years ago after a major hurricane and the state insurance commissioner stepped on their necks and suspended all new policy sales within the state for those who discriminated which made their buttocks pucker so they stopped the practice. All it takes is one upstanding politician with the <deleted> to do the right thing.

Edited December 22, 2011 by WarpSpeed

[whybother]

The responsible are the 2 governments , The democrat for not having see the seriousness of the fact in Ayutaya as it started in july and the actual government for very little action ..specially to sacrifice the whole Bangkok north provinces to keep BKK dry . We cannot blame only the actual PM. I am not an expert but for sure something different could have been done . Lets hope that will not happen again for the next rainy season .

Yep ... the Democrats should have done something in the 2 days that they were in care-taker government when Typhoon Nok-ten started causing flooding in the North East on July 31.

Ayutthaya didn't start flooding until late August (or maybe a bit later).

Yep and that amount of water suddenly appeared over night and had nothing at all to do with the 6 months of solid rain prior .

It was raining solidly since January?