Pattaya municipality may be sued over death of Italian hit by falling branch

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Pattaya municipality may be sued over death of Italian hit by falling branch

 

Picture: Thairath

 

PATTAYA: -- Pattaya police said Monday that the local authority may be sued for damages in the death of the 91 year old Italian man hit by a falling branch when out for a stroll on Sunday.

 

Cops said that the son of victim Giacomo Smedile is on his way to the resort from Italy. He will decide whether to sue when he arrives, reports Thairath.

 

Giacomo was hit by the three meter long branch that fell in the wind near the Jomtien Garden Resort hotel by Soi 8 on Jomtien beach road.

 

Yesterday his distraught wife Sai Silalern, 49, from Sisaket told reporters how the couple were on their way back to their condo enjoying a walk.

 

She said how she heard the branch come down and turned round to see that her husband had been hit and was covered in blood.

 

She was uninjured. By the time medics arrived it was too late.

 

Source: Thairath

 

-- © Copyright Thai Visa News 2017-01-24

[Get Real]

Can be sued? They should most definately be sued!

[ffaarraanngg]

Wonderful lets bring the worst of the western litigation culture to Thailand.

 

Just cut all the <deleted> trees down then no branches can fall ... or if people really want trees hire several thousand branch inspectors through the nation.

[Brer Fox]

I hope no one attempts to cut up the dead branch for any reason. I remember reading about a couple of farmers who cut up a dead tree on a path to try and remove it and were dragged off to the courts and threatened with imprisonment. Thailand certainly seems to have some quaint laws.

Edited January 23, 2017 by Brer Fox

[craigt3365]

31 minutes ago, ffaarraanngg said:

Wonderful lets bring the worst of the western litigation culture to Thailand.

 

Just cut all the fckn trees down then no branches can fall ... or if people really want trees hire several thousand branch inspectors through the nation.

Western litigation needs to come to Thailand.  Many business owners operate with impunity knowing they can't be sued.  Especially transport operators.  I would hazard a guess the accident rates would drop dramatically if the operators had large lawsuits against them for wrongful death suits.

 

Remember all those who died in that boat accident in Bangkok? The relatives got an extremely small amount of money.  They just don't care.

[dotpoom]

RIP and God Bless him. (did the wife marry him after he died, in yesterday'

s report she was his G/F).

[Enoon]

 

"He will decide whether to sue when he arrives,"

 

After he's had the defamation laws explained to him.

 

 

 

 

[arithai12]

2 hours ago, craigt3365 said:

Western litigation needs to come to Thailand.  Many business owners operate with impunity knowing they can't be sued.  Especially transport operators.  I would hazard a guess the accident rates would drop dramatically if the operators had large lawsuits against them for wrongful death suits.

 

Remember all those who died in that boat accident in Bangkok? The relatives got an extremely small amount of money.  They just don't care.

Careful what you wish for. I agree that life is too cheap here, but do you really want american-style litigation? Be prepared to pay 10 times more for almost anything related to services from medical to transportation.

[mikebell]

So if there is an accident on a dark stretch of Sukhumvit which the local authorities have ignored for months, the victims can sue the local council?  There are accidents out there just waiting to happen.

[zaphod reborn]

Courts don't award proper damages in Thailand, so it is irrelevant that the City government will be held responsible for the failure to properly inspect and maintain the trees next to a walkway.  It's the primary reason that safety is ignored in Thailand.  The courts won't award sufficient damages to cause the responsible parties to undertake reasonable safety measures.

[craigt3365]

24 minutes ago, arithai12 said:

Careful what you wish for. I agree that life is too cheap here, but do you really want american-style litigation? Be prepared to pay 10 times more for almost anything related to services from medical to transportation.

I think there's a happy medium between the BS in the US and what should be here.  I'm more than happy to pay a lot more for for public transport since I'm afraid to use it now! LOL

Edited January 24, 2017 by craigt3365

[craigt3365]

14 minutes ago, mikebell said:

So if there is an accident on a dark stretch of Sukhumvit which the local authorities have ignored for months, the victims can sue the local council?  There are accidents out there just waiting to happen.

There was a guy killed not long ago near the tunnel construction due to sand/dirt on the road.  That stretch is incredibly dangerous with unmarked dropoffs, holes, sand/dirt, etc.  Another was killed near Chaiyaphreuk due to the asphalt being buckled up from heavy traffic.  It was never fixed. A few large lawsuits might solve these problems????

[zaphod reborn]

25 minutes ago, arithai12 said:

Careful what you wish for. I agree that life is too cheap here, but do you really want american-style litigation? Be prepared to pay 10 times more for almost anything related to services from medical to transportation.

There is already American-style litigation in Thailand.  However, it is only in the labor and environmental sectors, so you aren't aware of it.  The government codes are obsolete, and only the courts are in a position to level the playing field, so that proper safety measures are implemented.

[Gold Star]

19 minutes ago, arithai12 said:

Careful what you wish for. I agree that life is too cheap here, but do you really want american-style litigation? Be prepared to pay 10 times more for almost anything related to services from medical to transportation.

 

3 hours ago, craigt3365 said:

Western litigation needs to come to Thailand.  Many business owners operate with impunity knowing they can't be sued.  Especially transport operators.  I would hazard a guess the accident rates would drop dramatically if the operators had large lawsuits against them for wrongful death suits.

 

Remember all those who died in that boat accident in Bangkok? The relatives got an extremely small amount of money.  They just don't care.

There has to be some balance of accountability in Thailand, but definitely not to the extent of the US. US health care costs for example are unaffordable due to litigation. Here, people are being slaughtered on the roads, as there is minimal accountability by fines, criminal penalties, or legal means of compensation. Unfortunately, most negligent individuals here have no net worth and minimal assets to seize, so suing an individual is not effective. However, if business in transport, real estate, and such were held accountable for negligence, their safety records would improve drastically as they have more to lose, and ensure the proper training and conduct of their employees. It would be a wonderful start.

[phrisco17]

Just look around!

Sidewalks with sink holes, pavers missing and extreamly uneven surfaces; and impeded by obsticles like motorbikes, tables, chairs, plants etc; and covered with vendors carts, umbrellas and associated tables and stools,  forcing pedestrains to take to the street which also may require circumnavigation of vendors encroached on the shoulder and/or outside lane.

Streets and hiways littered with vendors, and markets, with motor bikes, cars, tuk-tuk's vans and pickups parked three deep requiring heards of pedestrains to proceed in the one lane remaining for traffic. Oh yeah, and turning the stop light off at intersections during markets, real smart!

Crosswalks (zebra crossings as refered to in LOS) for which no vehicle ever gives way  to waiting pedestrains.

Traffic lights that do not work or not stopped for; a green arrow signifying a protected u-turn and traffic approaching from the opposite direction viewing a sign stating not necessary to stop on a red light if continuing straight ahead.

Stop signs and traffic signals no one obeys.

Bicycle lanes full of parked motor bikes, vehicles and vendors.

Motorbikes zipping in and out of traffic as if they own the road and no one else matters but them; and gathered like bowling pins at  intersections just waiting for a strike or maybe a spare when hit by an errant vehicle/driver as brake failure and loss of control is more than common; as is the ability to understand what a blinking green light or yellow light means and much less that red means stop.

Pickup trucks loaded with 15+ passengers and passengers sitting on top of loaded trucks and motor bike sidecarts and  atop of overloded trucks.

Transport of gas cylinders and wielding tanks on motorbike side cars.

Telephone, electric, cable TV wire, etc. hanging down at waist level or even lying on the sidewalk.

Tree limbs, umbrellas and signs on sidewalks requiring one to duck under them or loose an eye or suffer a bump on the head.

Not to forget, helmetless motor bike riders, more than 2 on a motor bike, babies and young children on motor bikes, licenseless drivers, lack of vehicle insurance, unmanicured trees, bushes and everything else, ETC., ETC., ETC!!!

The people don't care, the government don't care and the police don't care!

Safety in Thailand is an oxymoron.

Sorry to say, the only way to get everyones undivided attention is thru litigation!

Edited January 24, 2017 by phrisco17

[Michael8511]

2 hours ago, arithai12 said:

Careful what you wish for. I agree that life is too cheap here, but do you really want american-style litigation? Be prepared to pay 10 times more for almost anything related to services from medical to transportation.

It doesn't have to be the American way, but something have to be done when it comes to transport companies. If they realize they can be sued they will be more careful and the fatalities will drop. Same with reckless driving from private cars.

yesterday I witness a accident in Jomtien that I gave long waited to happen, this farang turned in to a VT condo building and hit a motorbike his defense was I had turn signal on but he didn't slow down. Have seen this car many time turning here in high speed and almost hit pedestrian incl myself, if these people risk to be sued I'm sure he will slow down before turning and be more careful. Same is for Farangs driving motorbikes on did walks heave fines and the risk of being sued if they hit somebody would stop them, paying ฿1000 to police pocket will not.

[theguyfromanotherforum]

How old is the son?

[Peterw42]

Bring the western litigation culture to Thailand sure, next thing is Thailand becomes yet another nanny state where nobody is responsible for their individual actions or bad luck. Its always someone elses fault. 

A culture of litigation does not lead to people taking more care, it leads to people getting more insurance. 

Force majeure, an act of god, or an accident.

An accident is an accident, not premeditated. 

Edited January 24, 2017 by Peterw42

[SaintLouisBlues]

9 minutes ago, Peterw42 said:

Bring the western litigation culture to Thailand sure, next thing is Thailand becomes yet another nanny state where nobody is responsible for their individual actions. Its always someone elses fault. 

Who will benefit from litigation? Only insurance companies and lawyers. Are insurance companies that big a deal in Thailand?

[craigt3365]

10 minutes ago, Peterw42 said:

Bring the western litigation culture to Thailand sure, next thing is Thailand becomes yet another nanny state where nobody is responsible for their individual actions. Its always someone elses fault. 

A culture of litigation does not lead to people taking more care, it leads to people getting more insurance. 

Force majeure, an act of god, or an accident.

An accident is an accident, not premeditated. 

Ummm...litigation will force those currently ignoring their responsibility to be held accountable for their actions.  And if done properly, they won't be able to blame others.  And if done properly,  it will lead to people taking more care not to hurt others.

 

Accidents do happen, but all to often, they are avoidable.  Especially here.

[craigt3365]

11 minutes ago, SaintLouisBlues said:

Who will benefit from litigation? Only insurance companies and lawyers. Are insurance companies that big a deal in Thailand?

Perhaps those 25 people killed in that minivan accident will receive appropriate compensation.  It was after all, the drivers fault.  I'm sure if it was one of your relatives, you'd want proper compensation.  Especially if the one killed was the bread winner. 

[Michael8511]

3 minutes ago, craigt3365 said:

Ummm...litigation will force those currently ignoring their responsibility to be held accountable for their actions.  And if done properly, they won't be able to blame others.  And if done properly,  it will lead to people taking more care not to hurt others.

 

Accidents do happen, but all to often, they are avoidable.  Especially here.

Exactly, specially here in Thailand society could benefit litigations.

[SaintLouisBlues]

9 minutes ago, craigt3365 said:

They actually just ruled the dead can sue the transport company AND the driver.  No dreaming...research it and you'll find out.

They can sue until they're blue in the face. If the driver has no assets that's exactly what they'll get - nothing

[craigt3365]

3 minutes ago, SaintLouisBlues said:

They can sue until they're blue in the face. If the driver has no assets that's exactly what they'll get - nothing

Ummm....they are suing the company also.  The owner has 3,000 of the 5,000 or so minivans in the Kingdom.  But yes, I thought it was a bit absurd to sue the driver.  Though it was allowed.

[gdgbb]

6 hours ago, Brer Fox said:

I hope no one attempts to cut up the dead branch for any reason. I remember reading about a couple of farmers who cut up a dead tree on a path to try and remove it and were dragged off to the courts and threatened with imprisonment. Thailand certainly seems to have some quaint laws.

That was because the famers cut down a protected species of tree, nothing to do with "quaint laws".

[gdgbb]

39 minutes ago, SaintLouisBlues said:

Who will benefit from litigation? Only insurance companies and lawyers. Are insurance companies that big a deal in Thailand?

Victims could benefit. 

How will insurance companies benefit from litigation?

What does your last question mean?

[Peterw42]

4 minutes ago, gdgbb said:

Victims could benefit. 

How will insurance companies benefit from litigation?

What does your last question mean?

Insurance companies benefit because litigation, or the threat of,  forces everybody to take out insurance. When everybody has insurance, litigation thrives. 

[fruitman]

There's not much one can do to stop a branch snapping off but it's about time the Thai get sued more often by westerners.

 

The coconuts above beachroad sidewalks are the perfect example of accidents waiting to happen and since the Thai call for Quality Tourists all the time their mentality to protect them has to change ASAP.

 

Thai don't care for safety at all and have to realise that westerners have insurances who will pay their victims but after that will hire a legal company to claim the money back from the esponsible authority.

 

Maybe this will change their attitude, i hope so.

 

I was in a 5* (they claim to have "real" 5stars) resort in Pattaya and i saw open electric outlets behind every waterfall it had, that was right next to the hi-so launche chairs at the pool....It's asking for accidents.

[gdgbb]

19 minutes ago, craigt3365 said:

They actually just ruled the dead can sue the transport company AND the driver.  No dreaming...research it and you'll find out.

Who is "they" and in which jurisdiction does that ruling apply?   The dead cannot "do" anything, although families or dependants have always had the option to sue.

[gdgbb]

4 minutes ago, Peterw42 said:

Insurance companies benefit because litigation, or the threat of,  forces everybody to take out insurance. When everybody has insurance, litigation thrives. 

Litigation does force anyone to take out insurance unless they know that they are likely to put themselves in the position of being responsible for damage to another party.  Those that are in that position will already have coverage, those that aren't won't buy policies because they don't see that they will ever need them so no net benefit for insurers.

 

So what did your "big deal" question mean?