<![CDATA[SMRT files defence against lawsuit by family of Thai girl]]>http://www.channelnewsasia.com/imagegallery/store/phpKAfQun.jpg\">

[quote]SINGAPORE: The SMRT has filed its defence in the S$3.4-million lawsuit brought against the transport operator by the family of the Thai girl whose legs were severed after she fell onto the Ang Mo Kio MRT Station tracks in April.

In its defence papers, the SMRT reiterates that all the safety warnings and precautions - such as the yellow lines - were in place and that the distance which the train travelled after the driver slammed on the brakes were within \"safety specifications\".

The SMRT argues that 15-year-old Nitcharee Peneakchansak's \"negligence\" contributed to her falling \"onto the tracks at the MRT station on her own accord\".

It also claims that the girl was \"aware of the danger of the oncoming trains and that by standing behind the yellow safety line until the train had stopped\", she would have been reasonably safe from falling onto the tracks.

In court papers submitted by its lawyers from KhattarWong - a copy of which was obtained by TODAY, the SMRT argues that the girl had failed to keep a proper lookout for the oncoming train and take reasonable care of her own well-being despite knowing the risks of falling.

It adds that she had failed to stand behind the yellow safety line until the train had stopped despite clear warning signs displayed at the MRT station.

Nitcharee was in Singapore to study English when she fell into the tracks at the train station, as the train was pulling into the station. One of her legs were severed while the other leg was so badly mangled that it had to be amputated later in hospital.

Her plight led members of the public to donate more than S$400,000 but her family had told the media that the amount made up just a small proportion of her medical bills and they needed to take legal action.

The teenager's father, Mr Kittanesh Peneakchanas, 56, an insurance agent in Thailand, is suing the SMRT for S$3.4 million.

The writ was filed in the High Court here in June through Singapore law firm Cosmas and Company.

The family filed the lawsuit against the SMRT after Nitcharee's family rejected its offer of S$5,000 in compensation, citing the future cost of her prosthetic legs and her medical bills as the main reason.

It claimed that the SMRT did not have adequate safety measures in place. The SMRT refuted the claims in its defence papers, listing safety measures that include an acceptable distance between the edge of the platform and the safety yellow line, safety announcements which are broadcast before a train arrives, as well as clearly displayed warning signs at the MRT station to warn passengers against stepping beyond the yellow safety line until the train stops.

The SMRT also argues that the absence of a barrier is not a danger or trap to minors and visitors as it had put in place these safety measures.

Mr Peneakchanasak had also claimed that his daughter was fully conscious and that the platform was \"very crowded\" when the incident happened.

The SMRT has also refuted this, saying that the incident happened on April 3, a Sunday, at 11am - which was not the station's peak time and there was no need to deploy manpower to patrol the platform because it was not crowded.

The Thai family's lawyer, Mr Cosmas Gomez, had earlier said that he would ask SMRT to release a copy of the CCTV video footage of the incident, which is expected to be a key part of the evidence in the case. - TODAY[/quote]

]]>https://forum.kiasuparents.com/topic/25438/smrt-files-defence-against-lawsuit-by-family-of-thai-girlRSS for NodeSat, 07 Nov 2026 17:45:03 GMTThu, 01 Sep 2011 02:08:01 GMT60<![CDATA[Reply to SMRT files defence against lawsuit by family of Thai girl on Fri, 14 Oct 2011 01:08:34 GMT]]>think shd be settled out of court eventually.

]]>https://forum.kiasuparents.com/post/610300https://forum.kiasuparents.com/post/610300Fri, 14 Oct 2011 01:08:34 GMT<![CDATA[Reply to SMRT files defence against lawsuit by family of Thai girl on Fri, 14 Oct 2011 00:59:34 GMT]]>

verykiasu2010:
at best a try luck law suit, like in US, lawyers try all kind of stunts to get money


smrt can counter-sue for business disruption as a result of the carelessness of the passenger
Agree with this.

]]>https://forum.kiasuparents.com/post/610287https://forum.kiasuparents.com/post/610287Fri, 14 Oct 2011 00:59:34 GMT<![CDATA[Reply to SMRT files defence against lawsuit by family of Thai girl on Thu, 13 Oct 2011 14:53:13 GMT]]>Thai teen to ask SMRT for S$4m in compensation


http://www.channelnewsasia.com/imagegallery/store/phppkCLFj.jpg\">

[quote]SINGAPORE: The Thai teenager who lost both her legs in a train accident in April, will be asking SMRT for at least S$4 million in compensation. That is according to Nitcharee Peneakchanasak's lawyers, whom she visited on Thursday.

The 15-year-old arrived back in Singapore on Wednesday for medical treatment.

Her lawyers said the court will only give further instruction for the trial at the end of October. But if both parties choose to settle out of court, they could reach an agreement as early as three weeks' time or three months at the latest.

An SMRT spokesperson told Channel NewsAsia that they are still in the discovery process with the plaintiff's lawyers.

The Thai teen also visited the Singapore Red Cross and Tan Tock Seng Hospital on Thursday. Singapore Red Cross said it had handed the S$250,000 worth of donations to the Thai Red Cross in June. They hope that the Thai Red Cross will be in touch with Nitcharee and her family as soon as possible.

Nitcharee and her family will return to Thailand on Sunday.

-CNA/ac[/quote]

]]>https://forum.kiasuparents.com/post/610119https://forum.kiasuparents.com/post/610119Thu, 13 Oct 2011 14:53:13 GMT<![CDATA[Reply to SMRT files defence against lawsuit by family of Thai girl on Sun, 04 Sep 2011 06:02:47 GMT]]>

Daddy 😧
If SMRT loses this case... we can expect higher fare increase soon? :?

Need to pay more in future for taking mrt :sad:

]]>https://forum.kiasuparents.com/post/574823https://forum.kiasuparents.com/post/574823Sun, 04 Sep 2011 06:02:47 GMT<![CDATA[Reply to SMRT files defence against lawsuit by family of Thai girl on Sat, 03 Sep 2011 00:43:07 GMT]]>Thai teen who lost legs was negligent: SMRT


http://l.yimg.com/bt/api/res/1.2/Eekvfv5YaYF0TPPPL_of8w--/YXBwaWQ9eW5ld3M7cT04NTt3PTYzMA--/http://media.zenfs.com/en-SG/blogs/singaporescene/630yahoo_amkmrt.jpg\">

SMRT has said that the Thai teenager who lost both her legs after she fell onto the tracks in April had failed to ensure her own safety while waiting for the train.
In its defence against a $3.4 million claim by Nitcharee Peneakchanasak's family, the transport operator said that there were safety measures in place at the above-ground Ang Mo Kio Station where she had fallen, and that the 15-year-old had fallen due to her negligence, reported The Straits Times.
According to defence papers filed in the High Court by its lawyer K. Anparasan of KhattarWong on Wednesday, SMRT argued that Nitcharee had fallen \"on her own accord\".
The transport operator said she failed to take adequate precautions to ensure her safety and did not keep a proper lookout or pay attention to the approaching train.
\"By standing behind the yellow safety line until the train had stopped, the plaintiff would have been sufficiently and/or reasonably safe from falling onto the tracks at the MRT station,\" said SMRT.
It said that on top of the yellow safety line, there are warning signs on display and safety announcements are broadcast before train arrivals.
If visitors follow the safety measures, even without a barrier on the platform, there would not be any danger posed even when the platform is crowded, said SMRT, adding that the incident took place at 11 am, which was not during a peak period.
SMRT was responding to the teenager's father Kittanesh Peneakchanasak's charges that Nitcharee had been standing behind the yellow line and had fallen after she was pushed by the crowd.
The Thai family, who filed the writ in June, also charged that the stations had inadequate measures in place.
When contacted, Nitcharee's father told the paper he stood by his daughter's account of what happened and would continue with the lawsuit.
In April, Nitcharee, who was in Singapore for a holiday and to study English, fell just as a train was pulling in, resulting in the loss of both her legs. Currently, one of her legs ends below the knee, the other, above the knee.
SMRT had offered of $5,000 as compensation but her father has rejected it, saying that his daughter's medical expenses and the 20 pairs of prosthetic legs she might require in her lifetime are reasons to sue SMRT.
Ang Mo Kio is among the stations yet to have barriers installed on the platform to prevent falls onto the tracks. The Land Transport Authority expects all stations to have the barriers by June next year

http://sg.news.yahoo.com/blogs/singaporescene/thai-teen-lost-legs-negligent-smrt-044417908.html

]]>https://forum.kiasuparents.com/post/574119https://forum.kiasuparents.com/post/574119Sat, 03 Sep 2011 00:43:07 GMT<![CDATA[Reply to SMRT files defence against lawsuit by family of Thai girl on Fri, 02 Sep 2011 09:19:56 GMT]]>at best a try luck law suit, like in US, lawyers try all kind of stunts to get money


smrt can counter-sue for business disruption as a result of the carelessness of the passenger

]]>https://forum.kiasuparents.com/post/573778https://forum.kiasuparents.com/post/573778Fri, 02 Sep 2011 09:19:56 GMT<![CDATA[Reply to SMRT files defence against lawsuit by family of Thai girl on Fri, 02 Sep 2011 09:02:54 GMT]]>if smrt loses this case, then next time someone spill hot coffee in macD, we’re going to expect another lawsuit.


not sure how crowded the station is, but so far, I’ve not been at a platform where it’s so overflowing with pp that one must stand past the yellow lines.

In any case, folks taking mrt must resign themselves to listening a LOT more announcements about standing behind the yellow lines.

]]>https://forum.kiasuparents.com/post/573757https://forum.kiasuparents.com/post/573757Fri, 02 Sep 2011 09:02:54 GMT<![CDATA[Reply to SMRT files defence against lawsuit by family of Thai girl on Fri, 02 Sep 2011 09:00:12 GMT]]>If SMRT loses this case... we can expect higher fare increase soon? :?

]]>https://forum.kiasuparents.com/post/573751https://forum.kiasuparents.com/post/573751Fri, 02 Sep 2011 09:00:12 GMT<![CDATA[Reply to SMRT files defence against lawsuit by family of Thai girl on Fri, 02 Sep 2011 08:27:17 GMT]]>

Jennifer:
If the Thai family wins the case, who knows how many desperate pple will create a similar \"accident\" to get a big sum of compensation?

true, the $3.4M claim is a huge amount and must be one of the highest so far

]]>https://forum.kiasuparents.com/post/573708https://forum.kiasuparents.com/post/573708Fri, 02 Sep 2011 08:27:17 GMT<![CDATA[Reply to SMRT files defence against lawsuit by family of Thai girl on Fri, 02 Sep 2011 08:18:05 GMT]]>If the Thai family wins the case, who knows how many desperate pple will create a similar "accident" to get a big sum of compensation?

]]>https://forum.kiasuparents.com/post/573696https://forum.kiasuparents.com/post/573696Fri, 02 Sep 2011 08:18:05 GMT<![CDATA[Reply to SMRT files defence against lawsuit by family of Thai girl on Fri, 02 Sep 2011 01:22:28 GMT]]>since he is in insurance line, wouldn't his daughter be insured? :?


able to send his girl to study here, he must be of quite senior level, if not owner of the firm.

]]>https://forum.kiasuparents.com/post/573117https://forum.kiasuparents.com/post/573117Fri, 02 Sep 2011 01:22:28 GMT<![CDATA[Reply to SMRT files defence against lawsuit by family of Thai girl on Fri, 02 Sep 2011 01:12:38 GMT]]>

limlim:
caroline3sg:



There was precedent of accident in which there was a female teacher who fell onto the tracks while reading students' scripts and died when hit by train.

The Thai girl's father wants to get compensated for her handicap as she needs prostatic legs for life.

For your example, who is negligence? it seems to be the teacher but maybe it is better not to comment w/o more facts.

The term compensation implies that the other party is liable.

However, based on the points that I have mentioned, clearly not having barrier cannot be used as a reason to say that SMRT is negligent or liable

The Thai should ask for \"goodwill donation\" from SMRT instead, not a lawsuit to ask for \"compensation\", which, clearly, has no case.

I am not disputing with you regarding the Thai father has no case. I am just stating there was similar case of accident with no barriers installed.

SMRT gave $5000 as \"goodwill\" and he treated it as compensation which to him is a small amount (he is in insurance line), that's why he sued.

]]>https://forum.kiasuparents.com/post/573108https://forum.kiasuparents.com/post/573108Fri, 02 Sep 2011 01:12:38 GMT<![CDATA[Reply to SMRT files defence against lawsuit by family of Thai girl on Thu, 01 Sep 2011 14:20:31 GMT]]>

caroline3sg:


There was precedent of accident in which there was a female teacher who fell onto the tracks while reading students' scripts and died when hit by train.

The Thai girl's father wants to get compensated for her handicap as she needs prostatic legs for life.
For your example, who is negligence? it seems to be the teacher but maybe it is better not to comment w/o more facts.

The term compensation implies that the other party is liable.

However, based on the points that I have mentioned, clearly not having barrier cannot be used as a reason to say that SMRT is negligent or liable

The Thai should ask for \"goodwill donation\" from SMRT instead, not a lawsuit to ask for \"compensation\", which, clearly, has no case.

]]>https://forum.kiasuparents.com/post/572703https://forum.kiasuparents.com/post/572703Thu, 01 Sep 2011 14:20:31 GMT<![CDATA[Reply to SMRT files defence against lawsuit by family of Thai girl on Thu, 01 Sep 2011 12:58:28 GMT]]>

caroline3sg:
limlim:

1. SMRT has been operating for decades in SG w/o accident.


2. Many developed countries don't have barriers too.

So, based on reasonableness, there is no liability on SMRT on not providing a barrier.

So, the thai has no case.

There was precedent of accident in which there was a female teacher who fell onto the tracks while reading students' scripts and died when hit by train.

The Thai girl's father wants to get compensated for her handicap as she needs prostatic legs for life.

Parents never teach kid to be careful properly. Some more so daring to send a 14year old alone overseas. This not a school trip, leh.

Even in BKK, there's no barriers, right?

I've always told my kids to stand far behind the yellow line. THey can get disorientated/dizzy as the train arrives, so better to be safer.

]]>https://forum.kiasuparents.com/post/572640https://forum.kiasuparents.com/post/572640Thu, 01 Sep 2011 12:58:28 GMT<![CDATA[Reply to SMRT files defence against lawsuit by family of Thai girl on Thu, 01 Sep 2011 12:50:45 GMT]]>

limlim:
1. SMRT has been operating for decades in SG w/o accident.


2. Many developed countries don't have barriers too.

So, based on reasonableness, there is no liability on SMRT on not providing a barrier.

So, the thai has no case.
There was precedent of accident in which there was a female teacher who fell onto the tracks while reading students' scripts and died when hit by train.

The Thai girl's father wants to get compensated for her handicap as she needs prostatic legs for life.

]]>https://forum.kiasuparents.com/post/572634https://forum.kiasuparents.com/post/572634Thu, 01 Sep 2011 12:50:45 GMT<![CDATA[Reply to SMRT files defence against lawsuit by family of Thai girl on Thu, 01 Sep 2011 10:37:37 GMT]]>1. SMRT has been operating for decades in SG w/o accident.


2. Many developed countries don’t have barriers too.

So, based on reasonableness, there is no liability on SMRT on not providing a barrier.

So, the thai has no case.

]]>https://forum.kiasuparents.com/post/572526https://forum.kiasuparents.com/post/572526Thu, 01 Sep 2011 10:37:37 GMT<![CDATA[Reply to SMRT files defence against lawsuit by family of Thai girl on Thu, 01 Sep 2011 03:42:00 GMT]]>Wondering if the CCTV had captured the moment of accident.

]]>https://forum.kiasuparents.com/post/571954https://forum.kiasuparents.com/post/571954Thu, 01 Sep 2011 03:42:00 GMT