Singapore court rejects Thai girl's train injury lawsuit

[webfact]

Singapore court rejects Thai girl's train injury lawsuit
The Straits Times
Asia News Network

SINGAPORE: -- Singapore's High Court has ruled against Thai teenager Nitcharee Peneakchanasak, who fell on to the tracks of Ang Mo Kio Mass Rapid Transit (MRT) station in 2011 and lost her legs.

The girl, now 16, had sued transport operator SMRT and the Land Transport Authority for 3.4 million Singapore dollars (Bt88 million), contending that the defendants had breached their duty of care by failing to ensure that the station was reasonably safe for passengers.

But Justice Vinodh Coomaraswamy, in an 81-page written judgement released yesterday, dismissed her claim. He found that the Ang Mo Kio MRT station was "reasonably safe" at the time she was injured, and so the defendants are not liable in negligence for those injuries.

"The plaintiff's injuries are undoubtedly tragic, especially for one so young," said the judge. "But the law of negligence awards compensation based on a defendant's culpability, not simply because a plaintiff has suffered harm."


-- The Nation 2014-01-03

[mrtoad]

AMK station is an above ground station, and from what I recall didn't have safety barriers on the platforms at that stage. However given that this station has been in operation for over 20 years, it can hardly be described as unsafe. It is indeed a tragi accident, but just because something happened doesn't mean that negligence has to be found elsewhere.

I wonder how this case would have been dealt with in Thailand? I wouldn't think a 88 Million Baht compensation would have been forthcoming.

[spare5]

AMK station is an above ground station, and from what I recall didn't have safety barriers on the platforms at that stage. However given that this station has been in operation for over 20 years, it can hardly be described as unsafe. It is indeed a tragi accident, but just because something happened doesn't mean that negligence has to be found elsewhere.

I wonder how this case would have been dealt with in Thailand? I wouldn't think a 88 Million Baht compensation would have been forthcoming.

All BTS station in Bangkok also don't have safety barrier. Why blame AMK and try to get 88m out of it?

Greedy Thai teens.

Edited January 3, 2014 by spare5

[Alwyn]

AMK station is an above ground station, and from what I recall didn't have safety barriers on the platforms at that stage. However given that this station has been in operation for over 20 years, it can hardly be described as unsafe. It is indeed a tragi accident, but just because something happened doesn't mean that negligence has to be found elsewhere.

I wonder how this case would have been dealt with in Thailand? I wouldn't think a 88 Million Baht compensation would have been forthcoming.

All BTS station in Bangkok also don't have safety barrier. Why blame AMK and try to get 88m out of it?

Greedy Thai teens.

Greedy Thai teen's parents (and extended familt and village). I seem to remember hearing about this whilst I was in SG. I remember the Singaporeans paid all hospital fees, flights to & from Thailand for parents and had the girl over for physio/recovery etc? Mind you having said that, if my kids had suffered the same I'd be looking dor somebody to blame I guess. Tragic story either way

[MilesofSmiles]

Please stand behind the yellow safety line until the train has stopped ?

[nonthaburial]

AMK station is an above ground station, and from what I recall didn't have safety barriers on the platforms at that stage. However given that this station has been in operation for over 20 years, it can hardly be described as unsafe. It is indeed a tragi accident, but just because something happened doesn't mean that negligence has to be found elsewhere.

I wonder how this case would have been dealt with in Thailand? I wouldn't think a 88 Million Baht compensation would have been forthcoming.

All BTS station in Bangkok also don't have safety barrier. Why blame AMK and try to get 88m out of it?

Greedy Thai teens.

Greedy Thai teen's parents (and extended familt and village). I seem to remember hearing about this whilst I was in SG. I remember the Singaporeans paid all hospital fees, flights to & from Thailand for parents and had the girl over for physio/recovery etc? Mind you having said that, if my kids had suffered the same I'd be looking dor somebody to blame I guess. Tragic story either way

Alwyn, please understand that this is not a dig at you, however, would it not be fair to say if it was your 16 year old SEMI ADULT, ( I don't classify that age as a child), who suffered such a serious accident at a proven 20 year old station, that she could be the cause of her own misfortune ? And basically as the judge has said she has no claim against anyone, then is he suggesting that the blame lies with her.

[FireMedic]

Could you imagine how a Singaporean would be treated in a Thai court system if the same thing happened? The Singaporean would probably have been charged with negligence and forced to pay damages to the Thai train operator for making him wash the blood of the train.

[Netizen]

Modern train stations have barrier just like the MRT.

If there was no danger barriers would not be installed by anybody. So obviously there is a danger and the railway companies are or should be aware of it.

Singapore is not a democracy and the courts of Singapore slavishly obey the government line. The judge knew what was expected of him. He also knew the risks of not delivering the expectations.

Result: Outcome was pre-ordained.

[Estrada]

AMK station is an above ground station, and from what I recall didn't have safety barriers on the platforms at that stage. However given that this station has been in operation for over 20 years, it can hardly be described as unsafe. It is indeed a tragi accident, but just because something happened doesn't mean that negligence has to be found elsewhere.

I wonder how this case would have been dealt with in Thailand? I wouldn't think a 88 Million Baht compensation would have been forthcoming.

All BTS station in Bangkok also don't have safety barrier. Why blame AMK and try to get 88m out of it?

Greedy Thai teens.

It is not true that all BTS stations do not have safety barriers. They are in the process of being installed at all stations. Some stations including Siam are complete. In fact the BTS system broke down on December 24th 2013 because the safety barriers at one station were being commissioned and they messed up the communication link to the main control room from the local barrier operating system.

When I lived in the UK British Rail and the London Underground have run for years without barriers. The Government Health & Safety Directive does not require them as the risk does not warrant the expense.

[Ulic]

A tragic accident, nothing and nowhere is 100 % safe.

[Alwyn]

AMK station is an above ground station, and from what I recall didn't have safety barriers on the platforms at that stage. However given that this station has been in operation for over 20 years, it can hardly be described as unsafe. It is indeed a tragi accident, but just because something happened doesn't mean that negligence has to be found elsewhere.

I wonder how this case would have been dealt with in Thailand? I wouldn't think a 88 Million Baht compensation would have been forthcoming.

All BTS station in Bangkok also don't have safety barrier. Why blame AMK and try to get 88m out of it?

Greedy Thai teens.

Greedy Thai teen's parents (and extended familt and village). I seem to remember hearing about this whilst I was in SG. I remember the Singaporeans paid all hospital fees, flights to & from Thailand for parents and had the girl over for physio/recovery etc? Mind you having said that, if my kids had suffered the same I'd be looking dor somebody to blame I guess. Tragic story either way

Alwyn, please understand that this is not a dig at you, however, would it not be fair to say if it was your 16 year old SEMI ADULT, ( I don't classify that age as a child), who suffered such a serious accident at a proven 20 year old station, that she could be the cause of her own misfortune ? And basically as the judge has said she has no claim against anyone, then is he suggesting that the blame lies with her.

Hey, I'm not siding with her and I certainly don't take your comment personally jst that somebody pointed out she is just a greedy teenager, my point was that it's probably not her but her family etc looking for the handout, but being a parent they would be looking for somebody to blame. Judge ruled against any claim, doesn't mean that they should not have explored that avenue right? I'm not critical of the judges ruling it's just people were so quick to condemn her and I think that's noy called for. She made a claim, she lost. So time for her to jog on but the snide comments were not called for, in my opinion anyway.

[DoctorG]

What is with this safety barrier thing? Few stations around the world have safety barriers on platforms. Or have I missed the context?

[JoeThePoster]

Singapore metro meet guards with whistles, guards with whistles meet Singapore metro.

[saakura]

I agree with the Singapore court decision while sympathising with the girl, no harm in asking. As for the posters ridiculing and trashing her, if a young girl from europe had lost both her legs in a similar accident at say Asoke station, and lost a compensation claim, i can visualise what direction this thread would have gone. And the stations here are as safe as the ones in Singapore.

[yankee99]

What is with this safety barrier thing? Few stations around the world have safety barriers on platforms. Or have I missed the context?

In china they are glass/plastic walls that run the length of the platform and have door that open with the train doors....

In regards to the op. How did she fall? If it was from overcrowding i see negligence but if she just walked off the platform then there should be some rider responsibility.

[glegolo]

AMK station is an above ground station, and from what I recall didn't have safety barriers on the platforms at that stage. However given that this station has been in operation for over 20 years, it can hardly be described as unsafe. It is indeed a tragi accident, but just because something happened doesn't mean that negligence has to be found elsewhere.

I wonder how this case would have been dealt with in Thailand? I wouldn't think a 88 Million Baht compensation would have been forthcoming.

So you REALLY think that a compensation would have been paid out, if a falang were involved in such a accident???

Good luck...

glegolo

[GeorgeO]

AMK station is an above ground station, and from what I recall didn't have safety barriers on the platforms at that stage. However given that this station has been in operation for over 20 years, it can hardly be described as unsafe. It is indeed a tragi accident, but just because something happened doesn't mean that negligence has to be found elsewhere.

I wonder how this case would have been dealt with in Thailand? I wouldn't think a 88 Million Baht compensation would have been forthcoming.

All BTS station in Bangkok also don't have safety barrier. Why blame AMK and try to get 88m out of it?

Greedy Thai teens.

It is not true that all BTS stations do not have safety barriers. They are in the process of being installed at all stations. Some stations including Siam are complete. In fact the BTS system broke down on December 24th 2013 because the safety barriers at one station were being commissioned and they messed up the communication link to the main control room from the local barrier operating system.

When I lived in the UK British Rail and the London Underground have run for years without barriers. The Government Health & Safety Directive does not require them as the risk does not warrant the expense.

Yes, I have also been advised that the BTS will eventually be totally enclosed, and I also agree that the London Underground, as a comparative example, has had an extremely good safety record, even though there are times when certain platforms are absolutely packed.

In all countries, there are regular announcements advising passengers to keep away from the platform edge, and indeed, there are often safety lines which passengers are advised to stay behind. Whilst having some sympathy for the girl, it would appear that she did not heed the warnings.

[johnlandy]

Whilst I feel sorry for the girl 'you have to accept that she was going for a lottery prize'

Were it in Thailand she 'if successful' might have got THB 50,000 (SGD 2,000)

[landslide]

AMK station is an above ground station, and from what I recall didn't have safety barriers on the platforms at that stage. However given that this station has been in operation for over 20 years, it can hardly be described as unsafe. It is indeed a tragi accident, but just because something happened doesn't mean that negligence has to be found elsewhere.

I wonder how this case would have been dealt with in Thailand? I wouldn't think a 88 Million Baht compensation would have been forthcoming.

All BTS station in Bangkok also don't have safety barrier. Why blame AMK and try to get 88m out of it?

Greedy Thai teens.

Greedy Thai teen's parents (and extended familt and village). I seem to remember hearing about this whilst I was in SG. I remember the Singaporeans paid all hospital fees, flights to & from Thailand for parents and had the girl over for physio/recovery etc? Mind you having said that, if my kids had suffered the same I'd be looking dor somebody to blame I guess. Tragic story either way

Alwyn, please understand that this is not a dig at you, however, would it not be fair to say if it was your 16 year old SEMI ADULT, ( I don't classify that age as a child), who suffered such a serious accident at a proven 20 year old station, that she could be the cause of her own misfortune ? And basically as the judge has said she has no claim against anyone, then is he suggesting that the blame lies with her.

I believe she was 13 or 14 at the time of the accident (2011).

[rotary]

AMK station is an above ground station, and from what I recall didn't have safety barriers on the platforms at that stage. However given that this station has been in operation for over 20 years, it can hardly be described as unsafe. It is indeed a tragi accident, but just because something happened doesn't mean that negligence has to be found elsewhere.

I wonder how this case would have been dealt with in Thailand? I wouldn't think a 88 Million Baht compensation would have been forthcoming.

Not sure about today but I believe many years ago a large settlement like that was against Thai law. For some reason I am thinking maximum judgement was around $20,000 for things like this in Thailand about 25 years ago anyway.

[Thai at Heart]

AMK station is an above ground station, and from what I recall didn't have safety barriers on the platforms at that stage. However given that this station has been in operation for over 20 years, it can hardly be described as unsafe. It is indeed a tragi accident, but just because something happened doesn't mean that negligence has to be found elsewhere.

I wonder how this case would have been dealt with in Thailand? I wouldn't think a 88 Million Baht compensation would have been forthcoming.

So you REALLY think that a compensation would have been paid out, if a falang were involved in such a accident???

Good luck...

glegolo

It all depends how it happens. The airport link has horrendous Crowd pinch points that I am sure are known about and they do nothing about.

One day it will happen. Sadly for this girl, the place has been operating safely for years.

Did she fall, get pushed or wander onto the track?

[belg]

and how exactly did she lose her legs?

was there a video camera to record negligence?

[atyclb]

Despite manyposted warnings Thailand escalators are filled with people texting or chatting or playing games on tables and mobile phones without holding the handrails in a semi zombie like state with no apparent regard or awareness of safety. You also see similar activities on sidewalks and crossing roadways. Also see them texting or playing games while entering or exiting MRT / BTS trains. The blatant disregard / lack of of awareness also is seen in the numerous road accidents. No implied lack of sympathy for the girl losing her legs. The yellow or white lines at train platforms are not there as trendy decoration and furthermore "mai pen rai" mentality can get you killed.

[RandomSand]

Perhaps a decent falang reading this has got the heart to make this girl their wife.

[JoeThePoster]

Perhaps a decent falang reading this has got the heart to make this girl their wife.

Hasn't she suffered enough already?