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Thread: Oh ... FFS 2

  1. #1
    Thailand Expat David48atTD's Avatar
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    Oh ... FFS 2

    Australian woman eligible for compensation from driver after witnessing pedestrian being run over in car park

    A Canberra woman who witnessed a pedestrian being run over in a car park is eligible for compensation from the driver, the ACT Supreme Court has found.

    Key points:
    • The woman saw a man struck by a car in Canberra in November 2016
    • The court heard she was so shocked by the incident she got lost on the way home
    • Justice John Burns found the driver was negligent in his duty of care to the woman as a bystander


    Justice John Burns awarded the woman $176,000 for witnessing the accident in the underground car park of the Canberra Outlet Centre in Fyshwick in November 2016.

    According to court documents, the woman had been getting into her car when she heard a scream for help.

    She looked over to see a man's head and one of his arms protruding from under the vehicle, with his head very close to the wheel.

    She ran to help, waving her arms to tell the driver to stop, and believed the man had been killed as he had stopped screaming.


    Fortunately, the man (the real victim) was not badly injured.

    "As a consequence of the first defendant's negligence, the plaintiff developed a recognised psychiatric illness, being PTSD."

    Canberra woman eligible for compensation from driver after witnessing pedestrian being run over in car park - ABC News

    FFS ...
    “Someone is sitting in the shade today because someone planted a tree a long time ago”

  2. #2
    Member Bettyboo's Avatar
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    Australia is going down the shitter, mate...

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    Thailand Expat
    Iceman123's Avatar
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    That’s absolutely crazy, the world truly has gone mad

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    Thailand Expat jabir's Avatar
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    Worst part is the precedent has been set, however daft, allowing opportunists in every litigious country to try it on.

  5. #5
    Thailand Expat tomcat's Avatar
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    ^...not necessarily: there must be an appeal process that can reverse the decision...and perhaps lead the judge to resign...or at least retrain as a court stenographer...

  6. #6
    CCBW JPPR2's Avatar
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    And people whinge about Thailand.......

    The US and Aus are so far gone. Even if they tried to stop this type of lunacy some attorney would sue about that.

  7. #7
    Hangin' Around cyrille's Avatar
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    Quote Originally Posted by JPPR2 View Post
    And people whinge about Thailand......
    About Thailand being a nanny state?

    I don't think so.

    Generally, do you think the Thai 'legal system' presents little to whinge about?

    Personally I think it's better to err on the side indicated by this judgement than to routinely leave approx 85% of the country's population shafted if anything goes wrong with a day.

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    Hansum Man! panama hat's Avatar
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    Quote Originally Posted by cyrille View Post
    Personally I think it's better to err on the side indicated by this judgement than to routinely leave approx 85% of the country's population shafted if anything goes wrong with a day.
    I agree. We focus on the extremes, like this thread, and decry the legal system in particular and western society in general . . . but it is still a far better option than - as an example - Thailand's social and legal system

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    Thailand Expat AntRobertson's Avatar
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    I'm always a bit suss about this kind of thing.

    I'm sure many remember the case of the woman who was burnt by McD's coffee and was awarded squizzillions of dollars over it that's so often held at as an example of the rampant litigiousness and greed in the U.S. but what most aren't aware of is that she was actually legitimately seriously burned / injured and McD's knew the coffee was too hot (also she never actually received millions and had only originally asked for McD's to cover her medical expenses which they declined to do).

    That's not to say that the U.S. isn't ridiculously litigious (or this Aust case either) just that sometimes all the reported facts aren't the full story.

  10. #10
    Hangin' Around cyrille's Avatar
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    Quote Originally Posted by AntRobertson View Post
    I'm always a bit suss about this kind of thing.
    Like the curtain twitching and criticising the size of a neighbour's bin.

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    Thailand Expat raycarey's Avatar
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  12. #12
    CCBW JPPR2's Avatar
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    Quote Originally Posted by cyrille View Post
    About Thailand being a nanny state?

    I don't think so.

    Generally, do you think the Thai 'legal system' presents little to whinge about?

    Personally I think it's better to err on the side indicated by this judgement than to routinely leave approx 85% of the country's population shafted if anything goes wrong with a day.
    Naah I mean people post all the time about how this place is a shithole and so on. I speak of the US, but the OP happens all the time in the states. What people can use to sue others is pathetic. It happens routinely now. Some lady just recently won a 1/2 mil dollar law suit because a door closed back on her hand to fast and squashed 2 fingers. She fully recovered but some lawyer twisted it all up so they paid out claiming negligence by the owner. I mean FFS.

    So people can bitch about Thailand but my point was it's really no better in the states for it's own set of reasons. I have to believe Aus is no better.

    That said. Thailand has a lot of developing to do. It has a ton of faults and obvious corruption. It will be a sad day when the lawyers and attorneys link up with the crooked politicians here but by then I will be some sort of carbon deposit

  13. #13
    Thailand Expat David48atTD's Avatar
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    Quote Originally Posted by cyrille View Post
    Like the curtain twitching and criticising the size of a neighbour's bin.
    Quote Originally Posted by raycarey View Post


    Pillow talk ... suits you two

  14. #14
    Thailand Expat raycarey's Avatar
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    as stated in the article, the driver was found to be negligent and the woman was diagnosed with PTSD (which presumably would require lengthy therapy) and wasn't able to work. why shouldn't she be eligible for compensation?
    or perhaps newbie dave doesn't believe that PTSD is a recognized illness?


    Quote Originally Posted by JPPR2 View Post
    Some lady just recently won a 1/2 mil dollar law suit because a door closed back on her hand to fast and squashed 2 fingers. She fully recovered but some lawyer twisted it all up so they paid out claiming negligence by the owner.
    yeah ok.
    link?

  15. #15
    Thailand Expat harrybarracuda's Avatar
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    Quote Originally Posted by JPPR2 View Post
    And people whinge about Thailand.......

    Yeah, imagine if the pesky families of those four people who died in the Doomtown Inn in Chiang Mai because of illegal pesticide use were actually able to sue the owners?

    And people whinge about Thailand.


  16. #16
    CCBW JPPR2's Avatar
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    Quote Originally Posted by raycarey View Post
    why shouldn't she be eligible for compensation?
    See and that right there is the problem. Why in the hell does everyone need to be compensated for some BS event. People trip and fall on the a sidewalk and break an arm and they sue the city because the sidewalk had a crack. There are a lot of idiotic stupid people out in the world and they do something that hurts themselves and they immediately feel they are owed money. It's like rewarding the under performing employee.

    This is why insurance is so out of whack and lawyers get rich as they have to have clauses for idiots.

    That twat above should suck it up. Shit happens.

  17. #17
    Thailand Expat raycarey's Avatar
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    so no link, eh?

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    Thailand Expat TheRealKW's Avatar
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    Quote Originally Posted by JPPR2 View Post
    People trip and fall on the a sidewalk and break an arm and they sue the city because the sidewalk had a crack. There are a lot of idiotic stupid people out in the world and they do something that hurts themselves and they immediately feel they are owed money.
    I think you are viewing it the wrong way, a person trips on a sidewalk that had been negligent allowed to crack and break up, sends a message to all councils to step up and keep their sidewalks safe. Shouldn't every tax paying citizen be able to walk down a sidewalk safely?

  19. #19
    ความรู้ลึกลับ HuangLao's Avatar
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    Quote Originally Posted by JPPR2 View Post
    And people whinge about Thailand.......

    The US and Aus are so far gone. Even if they tried to stop this type of lunacy some attorney would sue about that.
    Yet, many insist on the comparative use to justify most everything.
    Disconnected is disconnected, regardless of how one spins it.

  20. #20
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    Shouldn't every tax paying citizen be able to walk down a sidewalk safely?
    in your perfect utopian world that dreamer snowflakes like to imagine they inhabit, where nothing bad ever happens and where the fxcking nanny state has made its citizens 100% dependent on it with the result that those citizens have become so emotionally weak that the sight of a man getting a broken ankle after being knocked by a car in a car park causes them to have mental breakdowns, then yes.

    ........ but in the real world, amongst real people, people should use their eyes when they walk on the pavement. try walking down an asian pavement or crossing the street and not paying attention.

    sends a message to all councils to step up and keep their sidewalks safe.
    i think the message it sends is that you should take responsibility for yourself and keep your eyes open, because sometimes the unexpected happens and there is nothing you can do about it.

  21. #21
    Thailand Expat TheRealKW's Avatar
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    Quote Originally Posted by taxexile View Post
    because sometimes the unexpected happens and there is nothing you can do about it.
    Yes, but a council neglecting a sidewalk, allowing large cracks to develop that will cause people to trip and fall over hurting themselves is entirely expected, and can have something done about it.

  22. #22
    Hangin' Around cyrille's Avatar
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    Quote Originally Posted by HuangLao View Post
    Disconnected is disconnected, regardless of how one spins it.
    No, discomfited or joined up, it's all the same anyway.

  23. #23
    Thailand Expat AntRobertson's Avatar
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    Quote Originally Posted by taxexile
    in your perfect utopian world that dreamer snowflakes like to imagine they inhabit, where nothing bad ever happens and where the fxcking nanny state has made its citizens 100% dependent on it with the result that those citizens have become so emotionally weak that the sight of a man getting a broken ankle after being knocked by a car in a car park causes them to have mental breakdowns, then yes.

    ........ but in the real world, amongst real people, people should use their eyes when they walk on the pavement. try walking down an asian pavement or crossing the street and not paying attention.



    i think the message it sends is that you should take responsibility for yourself and keep your eyes open, because sometimes the unexpected happens and there is nothing you can do about it.


    ...At this juncture it is worth noting that this tough-talk on taking personal responsibility comes from someone who emailed admin asking to have his account terminated and when it wasn't couldn't stop himself from posting and should therefore be read with that rather large grain of salt in mind (and the inevitable snowflake whinge...)

  24. #24
    Thailand Expat tomcat's Avatar
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    Quote Originally Posted by taxexile View Post
    i think the message it sends is that you should take responsibility for yourself and keep your eyes open, because sometimes the unexpected happens and there is nothing you can do about it.
    ...so, you see dead people then...

  25. #25
    Hansum Man! panama hat's Avatar
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    Quote Originally Posted by TheRealKW View Post
    Yes, but a council neglecting a sidewalk, allowing large cracks to develop that will cause people to trip and fall over hurting themselves is entirely expected, and can have something done about it.
    My father busted a shock absorber on his car in Double Bay, Sydney, due to a large hole in the road ... asked the council to pay up - they didn't. He sued. They paid - for a set.

    Council's responsibility. They were negligent. Their negligence caused damage. They pay. Easy

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