Phuket tour firm and client in battle over speed boat spine injury

[webfact]

Phuket tour firm and client in battle over speed boat spine injury
Nattha Thepbamrung


Ms Jareeporn, wearing a back brace, makes her complaint to Mr Santi.

PHUKET: -- The victim of a boating injury that happened in December last year has reported to the Phuket Office of the Department of Tourism and Sport that she has been denied compensation by the tour company that arranged the trip during which she was injured.

Jareeporn Toyardmak, 27, a student of nursing at Bangkok̕ s Mahidol University, told Santi Pawai, Director of Department of Tourism and Sports, Phuket branch, that on December 21 last year she went for a trip with her friends from Kuraburi pier in Phang Nga to Tachai Island with the Wow Andaman tour company. Leading the tour was guide Ratchadaporn Ponklin.

She alleges that she suffered a severe back injury on the boat trip that has left her unable to work and likely to spend years bedridden or getting around only when wearing a back brace.

She has told the tour company she wants B7.8 million compensation.

She explained, “On the way to Tachai Island the boat was going very fast against big waves.

“A friend of mine who can also drive a boat went to tell the driver to slow down but he did not listen.

“The boat was full of passengers, boxes of food and beverages so some friends and I decided to sit outside at the front of the boat.

“The boat hit a big wave and I was bounced off the seat. I tried to grab the handrail but I came back down very quickly and jarringly in a sitting position, resulting in severe pain in my back.

“Soon after, I realised that something in my spine was broken. A friend of mine also suffered injuries,” Ms Jareeporn said.

She added that she and her friends tried to tell the tour guide to return the boat to shore as she wanted to go to hospital. However, her friend came back and told her that the other passengers did not want to go back to the pier.

Her friend convinced her to wait until they reached Tachai Island so she could see a medical team there.

She said that she waited almost an hour before the boat arrived at Tachai.

As soon as they arrived, she said, the guide told her that she had to take the other customers for trekking and diving.

Ms Jareeporn was taken to rest at the national park accommodation where she was taken care of by her friends and national park’s officers.

She alleged that contrary to what the guide promised, no medical team or first aid respondents were called.

Ms Jareeporn was left for at least four hours, she said, before the group finally left Tachai Island. They arrived back at Kuraburi pier at around 5pm.

From there she was taken by ambulance to Bangkok Hospital where she arrived at around 7pm, about eight hours after the injury.

Ms Jareeporn told The Phuket News, “The company only reimbursed me for the medication I took while I was in hospital. All my other hospital fees were paid for by government tourism insurance.

“The doctor told me that I will have to take medication for at least two years, and during this time I will have to spend most of my time lying down in bed.

“I have had to quit my job and I have left university. I will have to wait until my condition improves before I can work or study again.

“I spoke with Wow Andaman about compensation. I asked for B7.8 million but they rejected this and said we had better meet in court,” she said.

However, Ms Ratchadaporn, who was the guide on the tour and is also Marketing Manager of Wow Andaman, told The Phuket News a different version of the story.

“I tried to convince [Ms Jareeporn and her friends] to sit inside because the waves were big. But they insisted on sitting in the front of the boat. Some of them said they had ‘travelled a lot’ and could take care of themselves.”

She explained, “After the accident, I gave first aid to the woman, trying to make her stay still as much as possible. She lay down inside and I was next to her all the time.

“I decided not to turn the boat around and go back to the pier because it would be faster to go to Tachai Island to get initial treatment for her.”

“It took longer than expected – about 20 minutes – because I told the driver to slow down as we were worried about her condition. I asked her many times how she was feeling but she kept answering that she was fine, that she was a nurse and she understoo her condition well.

“When we arrived, I took her to the national park’s resting space, provided a mattress and told her she must stay still.”

However, she said, Ms Jareeporn’s four friends did not listen and when she wanted to go to a toilet, they moved her without appropriate equipment.

“They held her arms and legs to move her. I am not sure that is a proper way to move [someone with a damaged back]. It didn’t look safe.”

She said she was with Ms Jareeporn almost all the time and did not, as alleged, take the other tourists trekking.

“During that time, she called her boyfriend who, she said, was a doctor in Bangkok, and asked about her condition. Her boyfriend confirmed with everyone that she was okay. I am just a tour guide but they are doctor and nurse so I had no choice but to believe them.

“She said I left her but actually when it was lunch time, her friends all went for lunch at the same time and asked another tour guide to take care of her. Then they went snorkeling. It seemed like no one was seriously hurt.

“By the time we left the island the company had already called an ambulance from Bangkok Hospital to stand by at the pier.”

“When we arrived, she even admitted to my boss [who was waiting at the quay] that it was her fault because she had decided to sit in the front of the boat [against advice].”

“When she was told [at the hospital] that one of her vertebrae had been partially crushed, she then said the company had to be responsible for [all the costs].”

Ms Ratchdaporn said she was also dubious about Ms Jareeporn’s insistence on staying in the hospital for two weeks even though the doctor on the case said that she could leave after one week.

“We have doubts about this. After we checked the law, we found that would only have grounds to sue us if she stayed at least two weeks in the hospital.

“We visited her at the hospital very often to follow up and to make sure that she recovered. But although the doctor said she was able to walk and live normally without wearing a metal back brace, she said she still had pain.

“Recently, she told the doctor that she has a small piece of bone sticking out of her lower back. The doctor said it was just because she was skinny, but she said that she knew it was not normal because she is a nurse and her boyfriend is a doctor.

“She also claimed that she has numbness in her legs and that possibly comes from the back injury.

Ms Ratchdaporn said Ms Jareeporn told the company that she was basing her claim of B7.8 million on a calculation of her salary from her current age of 27 until she is 60.

“She claimed that she cannot do anything but lie down and wear a back brace all the time.

“But we have seen her Facebook account with pictures of her hanging out in a bar drinking with friends and even going to a snake show and playing with the snakes – with no back brace on.

“I think she is asking for too much. That’s why I and the company insist that if she wants B7.8 million, she has to bring her case to the court.”

Next Thursday (March 26), Mr Santi will convene a meeting between the two sides to discuss the case and see if a settlement can be reached.

Back injuries are not uncommon in the waters around Phuket among people sitting in the bow of speedboats that are crashing through heavy waves.

Source: http://www.thephuketnews.com/phuket-tour-firm-and-client-in-battle-over-speed-boat-spine-injury-51533.php


-- Phuket News 2015-03-23

[steelepulse]

Sounds like some porky pies on Jareeporns part.

>>“But we have seen her Facebook account with pictures of her hanging out in a bar drinking with friends and even going to a snake show and playing with the snakes – with no back brace on.

Facebook photos, the downfall of many!

[sawati]

Many many people get hurt (spine injury)in those tour boats.Phuket hospitals thrive on that...

[maidee]

can she get that much ? in car accidents, they hardly go over 100.000 baht per corpse

[Searat7]

This seems like a bogus case to me...certainly not worth the money she is requesting. In a rough sea the last place I would sit would be the bow area where the effect of hitting the waves would be worse and if I did sit in that area I would hold onto the handrails at all times.

Having said that the boats used in Thailand are cheaply constructed and sometimes overpowered . Drivers often drive faster than sea conditions warrant.

[LivinginKata]

can she get that much ? in car accidents, they hardly go over 100.000 baht per corpse

The reality is that a corpse is cheaper than a live disabled patient. I know that is a harsh comment, but it reflects the reality here in Thailand. It's a sad sad comment.

[robblok]

Thing is this kind of thing happens quite often.. this is why i dont like the speedboats over there. They are overloaded and if you have to sit in front with high waves its quite painful. I have experienced this a few times its just real bad.. But standard.. they always overload everything in Thailand.

So now I always opt for ferries instead of speedboats when I in the south. That is not always possible of course if your on trips.

[cookee68]

This is no different to a whip lash claim, the only difference is she is asking for a lot, and I think she is over doing it on the bull shit a lot, and another thing, she should stop posting photo's on Facebook, because that wont help her bull shit much

[stevenl]

can she get that much ? in car accidents, they hardly go over 100.000 baht per corpse

The reality is that a corpse is cheaper than a live disabled patient. I know that is a harsh comment, but it reflects the reality here in Thailand. It's a sad sad comment.

That is the case world wide.

[stevenl]

What I don't understand is why the speedboat company is arguing with the guest in stead of the insurance company. Could it be there is a problem with the insurance?

[Ulic]

Sounds like both sides are bending the story to meet there own ends. I am thinking her recollections of

events is more accurate but she is greatly exaggerating he level of injury.

[falkan]

B7.8 million wow... i wonder what families from Tiger disco fire will get then..?

[Longstaff]

In many other countries problems like this are solved at a national level by the requirement for operators to be licensed AND insured; and by health and safety legislation that requires operators to maintain a duty of care. Once this is enforced the insurance companies will do the rest of the work for you...one or two multi-million injury claims and they'll make sure every boat is seaworthy and every skipper is qualified before they'll insure them; those who can't pay the premiums are out of business. And the companies themselves make sure the customers follow instructions to the letter, because they know they'll suffer both insurance cost increases AND prosecution for failure in their duty of care to clients if there is an accident of this sort....but TIT....

[stevenl]

In many other countries problems like this are solved at a national level by the requirement for operators to be licensed AND insured; and by health and safety legislation that requires operators to maintain a duty of care. Once this is enforced the insurance companies will do the rest of the work for you...one or two multi-million injury claims and they'll make sure every boat is seaworthy and every skipper is qualified before they'll insure them; those who can't pay the premiums are out of business. And the companies themselves make sure the customers follow instructions to the letter, because they know they'll suffer both insurance cost increases AND prosecution for failure in their duty of care to clients if there is an accident of this sort....but TIT....

Insurance is required in Thailand, hence my earlier question.

[steelepulse]

In many other countries problems like this are solved at a national level by the requirement for operators to be licensed AND insured; and by health and safety legislation that requires operators to maintain a duty of care. Once this is enforced the insurance companies will do the rest of the work for you...one or two multi-million injury claims and they'll make sure every boat is seaworthy and every skipper is qualified before they'll insure them; those who can't pay the premiums are out of business. And the companies themselves make sure the customers follow instructions to the letter, because they know they'll suffer both insurance cost increases AND prosecution for failure in their duty of care to clients if there is an accident of this sort....but TIT....

Insurance is required in Thailand, hence my earlier question.

Does insurance normally cover 7.8 million per claim, or more realistically, 50K per claim? I don't know, but seriously doubt any tours are more insured than the minimum required.

[NamKangMan]

B7.8 million wow... i wonder what families from Tiger disco fire will get then..?

They got 1 million baht.

http://www.thaivisa.com/forum/topic/579638-families-of-phuket-disco-fire-accept-bt1mn-compensation/

[keestha]

This is no different to a whip lash claim, the only difference is she is asking for a lot, and I think she is over doing it on the bull shit a lot, and another thing, she should stop posting photo's on Facebook, because that wont help her bull shit much

Yesterday her Facebook page was still publicly accessible, now not anymore. The publicity might have caught her by surprise.

[lvr181]

In many other countries problems like this are solved at a national level by the requirement for operators to be licensed AND insured; and by health and safety legislation that requires operators to maintain a duty of care. Once this is enforced the insurance companies will do the rest of the work for you...one or two multi-million injury claims and they'll make sure every boat is seaworthy and every skipper is qualified before they'll insure them; those who can't pay the premiums are out of business. And the companies themselves make sure the customers follow instructions to the letter, because they know they'll suffer both insurance cost increases AND prosecution for failure in their duty of care to clients if there is an accident of this sort....but TIT....

Insurance is required in Thailand, hence my earlier question.

Required?" Mmmm... But rarely provided

[lvr181]

Facebook - the downfall of intellectually challenged, publicity seeking idiots!

[stevenl]

In many other countries problems like this are solved at a national level by the requirement for operators to be licensed AND insured; and by health and safety legislation that requires operators to maintain a duty of care. Once this is enforced the insurance companies will do the rest of the work for you...one or two multi-million injury claims and they'll make sure every boat is seaworthy and every skipper is qualified before they'll insure them; those who can't pay the premiums are out of business. And the companies themselves make sure the customers follow instructions to the letter, because they know they'll suffer both insurance cost increases AND prosecution for failure in their duty of care to clients if there is an accident of this sort....but TIT....

Insurance is required in Thailand, hence my earlier question.

Required?" Mmmm... But rarely provided

TAT license will not be renewed if insurance is not present. And there are frequent checks of companies operating without license.

[lvr181]

In many other countries problems like this are solved at a national level by the requirement for operators to be licensed AND insured; and by health and safety legislation that requires operators to maintain a duty of care. Once this is enforced the insurance companies will do the rest of the work for you...one or two multi-million injury claims and they'll make sure every boat is seaworthy and every skipper is qualified before they'll insure them; those who can't pay the premiums are out of business. And the companies themselves make sure the customers follow instructions to the letter, because they know they'll suffer both insurance cost increases AND prosecution for failure in their duty of care to clients if there is an accident of this sort....but TIT....

Insurance is required in Thailand, hence my earlier question.

Required?" Mmmm... But rarely provided

TAT license will not be renewed if insurance is not present. And there are frequent checks of companies operating without license.

Sure? So, where are the insurance companies in all this? A fishy smell about all this.

[stevenl]

Insurance is required in Thailand, hence my earlier question.

Required?" Mmmm... But rarely provided

TAT license will not be renewed if insurance is not present. And there are frequent checks of companies operating without license.

Sure? So, where are the insurance companies in all this? A fishy smell about all this.

Yes, that was my earlier question.

[geriatrickid]

What I don't understand is why the speedboat company is arguing with the guest in stead of the insurance company. Could it be there is a problem with the insurance?

Could it be, no insurance for this type of claim…….

[geriatrickid]

TAT license will not be renewed if insurance is not present. And there are frequent checks of companies operating without license.

The presence of an insurance policy means nothing. The policy can be lapsed or cancelled for non payment after the license renewal, or the limit can be low e.g. 100,000 baht or have exclusions for this type of injury.

[stevenl]

TAT license will not be renewed if insurance is not present. And there are frequent checks of companies operating without license.

The presence of an insurance policy means nothing. The policy can be lapsed or cancelled for non payment after the license renewal, or the limit can be low e.g. 100,000 baht or have exclusions for this type of injury.

Yearly policies, no license renewal without insurance, only 1 company offering this, and no exclusions for this type of injuries. Yes, limit will be way, way lower than her claim.

But of course presence of an insurance policy means something, for starters it means the insurance company will be involved in the claims process. So why are they not involved? Did TAT not do its job and does this company not have insurance?

[geriatrickid]

TAT license will not be renewed if insurance is not present. And there are frequent checks of companies operating without license.

The presence of an insurance policy means nothing. The policy can be lapsed or cancelled for non payment after the license renewal, or the limit can be low e.g. 100,000 baht or have exclusions for this type of injury.

Yearly policies, no license renewal without insurance, only 1 company offering this, and no exclusions for this type of injuries. Yes, limit will be way, way lower than her claim.

But of course presence of an insurance policy means something, for starters it means the insurance company will be involved in the claims process. So why are they not involved? Did TAT not do its job and does this company not have insurance?

I am not being critical of your point, but the jet skis are supposed to be insured and yet we still have the tourists being ripped off by the jet ski boys. Saw it just the other day. They are more discrete about it now.