วันเสาร์ที่ 14 มีนาคม พ.ศ. 2558

Thai Law | Wrongful Acts

                                Thai Law | Wrongful Acts


Thai law
Thai Law


                          Thai law | Any person who intentionally, negligently or wrongfully injures the breath, body, heath, liberty, property or any rights of another person is said to commit the unlawful act is bound to make the compensation thereafter under Thailand law. Our story came about in a condominium building which was fairly new and had gym facilities and a swimming pool. One day a mother and her two children a boy and girl eight and four years old respectively went to the gym room to exercise there. After a while the mother remembered that she forgot something upstairs in her room and left the two children alone. The four year old girl was playing with a leather ball in the room and when she dropped it the ball rolled next to the treadmill where you would step onto the machine. When she reached down to pick it up her hand became stuck in the tread and she was pulled face first onto the machine, she sustained serious injuries to her hand and burns to her face as she was stuck to the machine as it was still in operation.


                      During the accident there were many workers employed at the condominium that looked on but did not do anything to help the little girl they just left the machine on for a while until the mother returned accompanied by the father came to check on the children. Seeing their daughter the father immediately lifted the machine and pulled her out taking her to the hospital straight away. The treatment prescribed by the doctor for the little girl was a three months recovery course and around this moment the father decided to sue the condo for two million baht under the unlawful act charge.


Thailand law
Thailand Law

                    So if you are the committee member of the juristic person or if you are the condo owner, please be aware that something like this can happen to you. Sometime you need to about Thai law. Hazardous places such as a gym room or a swimming pool should have staff taking care and monitoring any situations that may occur. If anyone is injured in the gym or drowned in the pond then you will be held answerable for the wrongful act whether they be children, adults. A way to help prevent this is to put up the signboards stating the different hazards, but you will still need to have someone to take care of those facilities to make sure to not allow any unminded children and to monitor residents in case of emergency like the above case. If you do not want to lose big money please be sure to have the good protection.  


                       Lawyer comment: In this case it is not only the unlawful act on a civil case under Thailand law that gives the right for the parents to sue but if is also a criminal negligence case for causing of a serious injury. The penalty for this criminal offence is imprisonment for not more than 3 years or a fine of six thousand baht or both. So in the situation where you have to take care of a large amount of people please be careful and pay attention more than normal as many things can go wrong. You can save yourself the trouble, time and money if you have a big project and hire a management company to take care of it for you. They will have to take any responsibilities that come up and even if something like the above case came up you will only be responsible for a civil case but not a outlaw one. This Thai law of unlawful acts can be used for a car, motorbike , even a Jet Ski accident so please don’t be negligent and have safety on your mind all the time. If you have any question about Thailand law please contact us

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