Thai girl who lost her legs at MRT in Singapore will SUE SMRT !

[Ramseth]

I think the family are being too greedy. Especially after a lot of singaporean donated good money towards her, the family giving it back to singapore lawyers, no one force them to sue smrt, it is their choice.

My take is that she'll lose too, and lose big. She'd have incurred expenses in Thailand seeking legal advice. The case can't be heard in Thailand and must be heard in Singapore. Her Thai lawyer has to liaise with and engage a Singapore lawyer. She, her family members and her Thai lawyer have to come to Singapore on a prolonged stay and/or multiple trips. That'll incur even more expenses. The facts of case and circumstances as far as I know all points to an accident, not negligence. I don't know what kind of story they can come up with to overcome that.

 

[singveld]

My take is that she'll lose too, and lose big. She'd have incurred expenses in Thailand seeking legal advice. The case can't be heard in Thailand and must be heard in Singapore. Her Thai lawyer has to liaise with and engage a Singapore lawyer. She, her family members and her Thai lawyer have to come to Singapore on a prolonged stay and/or multiple trips. That'll incur even more expenses. The facts of case and circumstances as far as I know all points to an accident, not negligence. I don't know what kind of story they can come up with to overcome that.

so you said their thai lawyer already made a killing.

some greedy people or greedy lawyer is giving her family bad advice, this might work in USA, where there are million of greedy lawyers, it will be just the case of singaporean donate money to her, she donate to the lawyers.

I hope smrt will just negotiate and close the deal before she lose everything. She should seek better legal advice.

 

[Ramseth]

so you said their thai lawyer already made a killing.

some greedy people or greedy lawyer is giving her family bad advice, this might work in USA, where there are million of greedy lawyers, it will be just the case of singaporean donate money to her, she donate to the lawyers.

I hope smrt will just negotiate and close the deal before she lose everything. She should seek better legal advice.

I'm no soft-hearted man but neither am I cold blooded. Seeing her state, my sympathy is with her. However, I really can't see any legal platform for her case to stand on (no pun intended). It's not like a water spill or oil spill or structural defect causing her to fall. She fell herself.

 

[chonburifc]

Might not lose.

Now, it only left with the plaintiff and the CCTV footage recorded. Plaintiff have probably received advices not to fight this case. If her case is really weak, think she will not fight this case. Only the plaintiff and the CCTV knows what happened when the incident happen.

 

[singveld]

I'm no soft-hearted man but neither am I cold blooded. Seeing her state, my sympathy is with her. However, I really can't see any legal platform for her case to stand on (no pun intended). It's not like a water spill or oil spill or structural defect causing her to fall. She fell herself.

yeah sue PAP dogs in PAP kangaroo court, things will not go well for her. Even if it is smrt fault, which it isn't, they will still win the lawsuit.

 

[Looking4Knowledge]

I checked a couple of insurance...the payout like only $500k?

 

[dredd]

Hope she wins. I have not an iota of sympathy for LTA. The more anyone can squeeze from them, the louder my applause.

 

[scbccb]

Aiya most probably some stupid kind hearted souls will start donating again.

My take is that she'll lose too, and lose big. She'd have incurred expenses in Thailand seeking legal advice.

 

[Khun Ying Pojaman]

My take is that she'll lose too, and lose big. She'd have incurred expenses in Thailand seeking legal advice.

Ram, what is your reasoning that she will lose ?

 

[Received_by_Kings]

PUB will be sued because the mother and her son drowned in Bedok Reservoir; and the fellow who drown in the sea will sue.... the sea-dragon

You mean Singapore Power? I notice lots of losers are killing themselves in reservoirs and probably there should be a dome within the reservoir's perimeters to stop people from polluting it.

But poked with holes to allow just rainwater to seep in. I think that's a practical idea.

Do you also notice that on most buildings the windows on the high levels cannot really be opened? Same reason.

 

[Conqueror]

LTA Has Not Been Working For Ten Over Years

Hope she wins. I have not an iota of sympathy for LTA. The more anyone can squeeze from them, the louder my applause.

Wipe their arrogant faces off !

 

[Fook Seng]

My take is that she'll lose too, and lose big. She'd have incurred expenses in Thailand seeking legal advice. The case can't be heard in Thailand and must be heard in Singapore. Her Thai lawyer has to liaise with and engage a Singapore lawyer. She, her family members and her Thai lawyer have to come to Singapore on a prolonged stay and/or multiple trips. That'll incur even more expenses. The facts of case and circumstances as far as I know all points to an accident, not negligence. I don't know what kind of story they can come up with to overcome that.

SMRT being the operator and management of the station has the duty of care and have to pass this test. It might not be easy for them to pass this as several past incidents had taken place that seemed to prove their deficiency in carrying out this duty. Isn't the planned construction of barriers on open platforms a self admission of fault here?

 

[Vinnie]

Re: But, That's The Truth


Judgement reserved in Thai teenager's lawsuit against SMRT, LTA
By Kimberly Spykerman | Posted: 11 March 2013 1251 hrs

File photo of Ms Nitcharee Peneakchanasak

SINGAPORE: Judicial Commissioner Vinodh Coomaraswamy has reserved judgment on the issue of liability in the lawsuit filed by a Thai teenager against rail operator SMRT and the Land Transport Authority (LTA).

Judgment will be delivered at a later date.

Lawyers met in court on Monday for their closing arguments and clarifications after the case wrapped up last November.

Thai teenager Pen-Eakchanasak Nitcharee is seeking compensation of at least S$3.5 million after she fell onto the tracks of Ang Mo Kio MRT station in 2011 and lost her legs.

She was not present in court on Monday.

Her lawyer Cosmas Gomez reinforced the point that safety measures at the station at the time she fell were inadequate.

He said temporary barriers should have been installed at the above-ground station first, during the wait for half-height platform screen doors to be installed.

Mr Gomez said there was negligence and breach of duty of care on the part of both SMRT and LTA as they knew of previous incidents where people had fallen or intruded onto the tracks, and could have sustained severe injury, yet had done nothing while waiting for the barriers to be installed.

The Judicial Commissioner however pointed out that their duty is not to reduce the incident rate to zero but to take reasonable steps to reduce harm - which they had done by commissioning the installation of platform screen doors.

Work on half-height platform screen doors began in 2009, and the project was only completed in 2012.

Lawyer for the defendants K Anparasan argued that the premises were reasonably safe and did not require temporary barriers.

The measures included audio and visual warnings such as the yellow safety line, tactile warning studs, signs, and announcements.

Mr Anparasan said this was supported by expert witnesses who said the safety measures at the station complied with most jurisdictions.

He said although the defendants sympathize with the plaintiff, one cannot expect zero accidents.

He added although there has been a series of accidents in the past, it must be seen in the context of the number of passengers.

Mr Anparasan revealed that there are about two to three accidental falls onto the tracks every year - a level that was "tolerable", taken in context the thousands of commuters that travel safely every day.

But the Judicial Commissioner pointed out that this rate was not acceptable for those who have been maimed or injured in such incidents.

Mr Anparasan added that it is his client's case that no interim measures were taken as they did not want to introduce new hazards or impede the progress of work of the platform screen doors.

- CNA/xq

 

[Sinkie]

Re: But, That's The Truth

Just a bunch of baloney excuses from SMRT. Besides, why the CCTV footage was not released to the public? In other countries, like Taiwan and USA, even China, such footage is considered public info. In Singapore, many things regarding the agencies are very opaque.

 

[tanwn1]

Re: But, That's The Truth

After losing her legs, from the various photos posted on the papers, she appears to be happier than before??????