Jump to content

What do you think is compensable?
Have you or would you sue? *violence mentioned*


  • Please log in to reply
10 replies to this topic

#1 PubertyBlues

Posted 12 January 2013 - 10:00 AM

A general WDYT and also with a specific case in mind.

Appreciating that generally an injury to person needs to be proven, what do you think would be a compensable injury - in the case of the other thread about the M movie for example? At what point in that scenario would you expect compensation? If the kids watched the whole movie? If there was more violence?

The other thread got me thinking about a friend of ours - he was pretty viciously assaulted late in 2012 on his way home from a function - it wasn't a works thing and it occurred in a relatively upmarket karaoke bar which is open till very late at night and serves alcohol. There was no provocation and the entire thing was in a common area. No staff came to assist even after he was knocked unconscious and his head was being literally stamped on for about 4 to 5 minutes by a number of patrons who appeared to be part of an ethnic gang.

5 days in hospital, facial reconstructive surgery (between 20 and 30 individual fractures across his face including breaks in both cheekbones, one eye socket, his nose and his jaw) and 6 weeks off work (using annual and sick leave). He and his family werent able to travel interstate as planned for Christmas. The very real possibility of at least some future psychological trauma - certainly he won't be the same carefree person he was before the attack.

Should he sue the venue for a lack of duty of care? None of the attackers have been caught as yet. If he does, what do you think would be an appropriate amount to compensate that sort of injury?  

Medical fees, travel etc I definitely think so - but to what degree should he be able to ask for and receive compensation for things like missing Christmas, or that he wasn't able to have a holiday as planned with his kids?

I don't generally believe in compensation for minor things, and find it hard to imagine being able to put a figure on the pain and suffering part of it...

Has anyone been successful in suing for compensation yet included pain and suffering?

Just curious!


#2 katpaws

Posted 12 January 2013 - 10:18 AM

I brought up a case of discrimination against an "entity" for which i was "successful" in. While i guess what i got was a fair amount, it did not cover the pain and suffering i had experienced under the "entity". While i admit i was not physically hurt (ie hit), the psychological damage was quite bad and i almost suffered a miscarriage. Incidents incurred included being prevented from leaving an office by physical means and being subjected to daily harrassment for almost two years. The affects of this continue years after. The "entity" that did this was never punished and never apologised.

I have learnt that total justice is never accomplished and that people can never be truly compensated for what they have been through ie violence acts, abuse, discrimination and oppression.

In a fair world, people would receive the support and medical assistance they need to recover from incidents.

#3 PubertyBlues

Posted 12 January 2013 - 10:29 AM

That sounds awful katpaws! Do you think it was the inability to put a figure on the effects?


#4 *cough*

Posted 12 January 2013 - 10:38 AM

In the case of the incident in the OP you have to not just show that there was a duty of care from the bar to the patron but also that there was a breach of that duty of care.

It's not necessarily the bars fault - we'd need more facts to give a proper answer.

However, your friend should speak with a community legal centre closest to him because he would likely be eligible for criminal injuries compensation. The government would pay him out for the injury suffered without having to go to a civil trial with the risk of losing.

In relation to compensation generally you have to have suffered damages or loss - so injury, time off work, expenses etc.

You can sue for nervous shock and loss of expectation (like if a holiday you planned was crap say through a cruise company), not just cause they showed the wrong movie.

I think the OP in the other thread is getting hammered when really she meant she wanted more than a trite 'sorry'. Sorry is often bandied around but when people/companies put their money where their mouth is it seems to speak louder.

I am not one to seek compensation but I get sh*tty when restaurant meals are crap/ service is crap. I am paying for a service that they are not delivering and I am vocal about it.

#5 SeaPrincess

Posted 12 January 2013 - 10:40 AM

OP, was a police report made? In the situation you've described, the victim may be eligible for criminal injuries compensation. It's not the vast amounts of money that you see in American settlements, but also doesn't have to cost anything to apply.

#6 *cough*

Posted 12 January 2013 - 10:40 AM

QUOTE (katpaws @ 12/01/2013, 08:18 AM) <{POST_SNAPBACK}>
In a fair world, people would receive the support and medical assistance they need to recover from incidents.


This does happen in Australia. I am not saying its the best but you get all your medical under medicare and then can apply for compensation, part of that can be your ongoing mental care.

Our system is not too bad.


#7 ~TCBF~

Posted 12 January 2013 - 10:40 AM

He should talk to a lawyer about suing the venue. It does sound like that there was a breach of their duty of care. If the assailant(s) had been caught he could sue them too.

He doesn't get to choose an amount of compensation. These things are calculated by experts who are hired by the courts. The amount of money he may receive (if he is successful) is supposed to return him to the position he was in before the attack occurred - as best can be achieved with money anyway.

Pain and suffering is not claimable per se. The victim needs to prove actual mental harm i.e. a recognised psychiatric illness (PTSD etc). He is unlikely to receive any money simply for missing Christmas unless missing Christmas contributed to the eventual PTSD (or any other mental harm he may have).

The Civil Liability legislation in Australia (and in particular NSW, which is the legislation I'm familiar with) is written to protect defendants. In this case, the venue. Your friend needs to speak to a lawyer to see if he has a case. A lot of them do a 'No win, no fee' thing. The venue's insurance company will be the one fighting the suit. They usually have great lawyers and unlimited funds to fight these things. Your friend very likely does not. The best outcome would be a settlement from the insurance company.

Good luck!

#8 katpaws

Posted 12 January 2013 - 10:42 AM

The "entity" did not want to admit liability or pay compensation, PBlues. Also, the laws on discrimination are not that strong, so people in power can get away with quite a lot. I won on a technicality and was not able to bring up the potential miscarriage or the full extent of what had happened to me. I was not well at the time of case hearing and as i had free legal help (excellent help but limited by their available resources) it was easier to accept what was offered and get the entity out of my life.

QUOTE
I am not saying its the best but you get all your medical under medicare and then can apply for compensation, part of that can be your ongoing mental care.


The amount i received does not cover that at all. You can only claim certain things and never the total of the assistance you receive or need.

Edited by katpaws, 12 January 2013 - 10:49 AM.


#9 Coffeegirl

Posted 12 January 2013 - 11:31 AM

My only experience with compensation is through the NSW motor vehicle act.  

I was hit by a car in 2000.  Multiple fractures and 6 mths recovery before I could work.

Under the third party insurance, I received my medical, curent and futre loss of earnings, future medical paid for.  But pain and suffering was a different thing altogether.  To be able to be compensated for this, I had to prove 10% permanent disability to myself from the accident.   This was really hard to prove and even my girlfriend (who was hit at the same time) had trouble meeting this benchmark and she had a skull fracture.    The tests in place to reach this were very strict.  

Even then the compensation part of my payout was only about 20% of the total as there are caps on what they can pay you.



In the case of the movie, I think a free voucher would have been a nice gesture by the theatre, but not really required.

In the OP's instance, the victim would need to prove that the venue had done all they could to prevent the assault.  If it was just a random group of thugs who walked in and started throwing punches, then there is little the venue could have done.   If the thugs were highly intoxicated and the venue had continuted to serve them alcohol then they were in breech of the responsible service act..

katpaws, that sounds awful.  But I commend you for taking action.  Too many people just walk away and
Let the bullies get away with it.


Edited for Spelling

Edited by Coffeegirl, 12 January 2013 - 11:37 AM.


#10 Copacetic

Posted 12 January 2013 - 02:44 PM

QUOTE (*cough* @ 12/01/2013, 11:40 AM) <{POST_SNAPBACK}>
This does happen in Australia. I am not saying its the best but you get all your medical under medicare and then can apply for compensation, part of that can be your ongoing mental care.

Our system is not too bad.


Our system in Australia is pretty good, although if you do receive compensation, Medicare must be paid back, as well as any other benefits. You need to receive clearances from agencies like Medicare and centerlink  and in the instance of centerlink, won't be able to claim benefits for a set period depending on the amount of compensation they have received. In the situation described in the OP, yes that person would be due some compensation.

As for the movie goer, I came down on the side of compensation (eg, a free ticket) simply based on the fact that she paid what would have been extortionate prices for a service that did not deliver what they said they would, regardless of whether it was a human mistake or not.

#11 lamarque

Posted 12 January 2013 - 02:58 PM

PM'd you.  original.gif




1 user(s) are reading this topic

0 members, 1 guests, 0 anonymous users

 

Funny Father's Day cards

A little fun never goes astray when celebrating special occasions and Father's Day is no different. We've rounded up some funny Father's day cards for your husbands, fathers and other important men in your lives.

Electronic tags may keep newborns safe

The possibility of using electronic bracelets for mothers and their newborn babies is being investigated by Adelaide's Women's and Children's Hospital. 

Baby steps: when your little one starts walking

As a parent there are so many milestones to look forward to. That first smile, first word - and, of course, that first step.

Julia Watson's new book 'Breakfast, School Run, Chemo'

Tomorrow my friend Julia launches her first book. And while we're all overjoyed, the success is tinged with sadness. You see, Julia has stage 4 bowel cancer.

How not to name twins

Call me boring, but I don't think that when it comes to choosing my twins' names is the right time to use a good pun.

Fun Sunny Life pool inflatables just for babies

The babies of 2015 will thus be thrilled to paddle their happy baby legs in these brand new flamingo and swan baby inflatables.

Baby and bulldog born on the same day are best friends

When Chicago mum Ivette Ivens saw a French bulldog puppy who had the same birthdate as her son Dilan, she "just knew it?s meant to be" and took him home. Five months later, puppy Farley and Dilan are the best of friends - as Ivens says, "I?m pretty sure Dilan thinks they?re both the same species, as they walk at the same level and are both going through the stage of chewing on everything.?

Breastfeeding basics for beginners

Here are 10 tips to help make breastfeeding successful and stress free for both you and your baby as quickly as possible.

Girl smothers baby brother with peanut butter

This mum had a big clean up job on her hands.

How to hide those under eye shadows

Pandas are the only ones who benefit from under-eye shadows. If you're not fluffy and cute, you'll just look tired.

Young mum dies after being denied pap smear

A mother has died after she was denied a pap smear because she was deemed "too young" to need it.

Birthday cakes banned at childcare centre

A childcare centre in Sydney has banned birthday cakes after parent complaints about excessive sugar and children with allergies being left out.

Triplet surprise for newlyweds

As the radiographer moved the wand over her abdomen, Shelley King got the surprise of her life.

3 yummy Thermomix baby and toddler recipes

Louise Fulton Keats shares her recipes for babies and toddlers, including corn and sweet pikelets, pumpkin and pea risotto, and cheesy bunny biscuits.

Man arrested over toddler Nikki's death

A 31-year-old man has been arrested over the death of two-year-old Nikki Francis-Coslovich in Mildura.

Adoption ban on pregnant women to be lifted

Pregnant women will no longer be barred from adoption waiting lists in NSW, after the Baird Government decided the practice was discriminatory.

Are you getting enough magnesium?

Magnesium is the fourth most abundant mineral in the body, but we don't talk enough about it and the vital role it plays in great health and energy, as well as disease prevention.

5 workplace lessons for new parents

Take heart in these principles that will transfer seamlessly from the workplace into your new life as a parent.

Mums to follow on Instagram

A creative outlet for many, there are some savvy women complementing their blogs and businesses with riveting Instagrams feeds. We've chosen a few which have bucketloads of appeal; there are some big time players and some smaller local ones, and they each bring their special brand of magic to the Instagram experience.

Review: The Volvo 2015 XC90 SUV has all the safety features your family needs

The new Volvo XC90 SUV's focus on keeping you safe does not come at the expense of comfort in the XC90.

Kim Kardashian reveals she may have hysterectomy

Kim Kardashian has revealed complications during pregnancy means she might have to have a hysterectomy after the birth of her second child.

Why late night snacks wreak havoc on weight loss

 Loath as you may be to admit it, chances are that at some point you have found yourself in the kitchen late at night, devouring food.

Toddler twins pretend to be asleep to fool mum

They say twins have a unique connection. If this cute clip is anything to go by, these toddler sisters like to use their special bond to try to fool their mother.

Dad bags: 10 picks for out and about

Getting out of the house is a big priority in the early years of parenthood and you need to take a well-stocked kit with you. We've chosen 10 of the best nappy bags sure to appeal to dads in style and function.

Win a Mountain Buggy Swift

To celebrate Essential Baby reaching half a million Facebook fans, we have a Mountain Buggy Swift to giveaway to a lucky fan.

Get your FREE Baby & Toddler Show ticket!

Get your free ticket to the Sydney Essential Baby & Toddler Show for September 25-27 - register online now.

 
Advertisement
 
Advertisement
 
 
 

What's hot on EB

Dads who do their share have more sex: study

For women trying to encourage their partners to take more interest in fatherhood, it could be the ultimate incentive.

Think you might have IBS, coeliac disease or Crohn's?

Conditions affecting the gastrointestinal tract are common in modern humans, and many are on the rise - including irritable bowel syndrome (IBS), inflammatory bowel disease (IBD) and coeliac disease.

Couple poses for newborn shoot with adorable puppy

Tired of being asked about their baby-making plans, Australian couple Matt and Abby decided to give a creative answer.

The exercises you know you should be doing (but probably aren't)

I bet your to-do list today is long. But somewhere on that massive list, are you making time for your pelvic floor?

This baby really loves the family cat

Some babies get excited when mum or dad come to get them from their cot after a nap.

Designer kids clothing good enough to eat by Oeuf

Even if you aren't heading to the Northern hemisphere in the next six months, you can't help but love the amazing food-themed knits for babies and kids by cult kids brand Oeuf.

Early exposure to peanuts recommended for allergy prevention

A paediatricians' group is recommending that infants at high risk of peanut allergies be given foods containing peanuts before they turn one.

Home brand foods contain less salt than pricier rivals

Supermarket home brand foods, long derided as cheap and inferior, contain far lower levels of salt than pricier, branded rivals, new research shows.

Nannies for hire, wherever you're flying

Ever dreaded the prospect of a long flight, dreaming about how wonderful it would be for a nanny to entertain the kids?

Couple poses for newborn shoot with adorable puppy

Tired of being asked about their baby-making plans, Australian couple Matt and Abby decided to give a creative answer: with an unusual photo shoot with their 'baby', a groodle (poodle/golden retriever cross) named Humphrey. The talented Elisha from Elisha Minnette Photography caught all the precious shots.

Is it okay to name your baby with a sense of humour?

My husband was sure that Danger was a good option for a boy. And as the pregnancy progressed, it actually started to sound really good.

Woman gives birth after having her own mother's uterus transplanted

In a world first, a healthy baby has been born from the same womb that nurtured his own mother.

So hot right now: double-barrelled baby names on the rise

It's one way to make your baby stand out from the pack – giving them not one, but two first names.

Second time around: is it really better the devil you know?

When I fell pregnant with my second child I was, naturally, very excited. Then it all started to come back to me - and I freaked.

Shopping with kids: breaking the pester-power cycle

You're out shopping with your little one and they're incessantly whining that they want a treat. It's easy to say no ... the first time, at least.

How did we have babies before apps came along?

Three months ago, my wife, Chrysta, and I were driving along Melrose Avenue in Los Angeles when she let out a harrowing cry.

When your toddler disagrees

There comes a time when your child starts having different views to you. I didn't realise that time would come so soon.

Win a Pacapod this Father's Day

To celebrate dads and families, we are giving away a Picos Pack from Pacapod Australia filled with a few extra goodies ENTER NOW

 

FREE TICKET

Discover the magic of the LEGOŽ DUPLOŽ Play Area in Sydney

Get your free ticket to The Essential Baby & Toddler Show and save $20 - register online now!

 
Advertisement
 
 
Essential Baby and Essential Kids is the place to find parenting information and parenting support relating to conception, pregnancy, birth, babies, toddlers, kids, maternity, family budgeting, family travel, nutrition and wellbeing, family entertainment, kids entertainment, tips for the family home, child-friendly recipes and parenting. Try our pregnancy due date calculator to determine your due date, or our ovulation calculator to predict ovulation and your fertile period. Our pregnancy week by week guide shows your baby's stages of development. Access our very active mum's discussion groups in the Essential Baby forums or the Essential Kids forums to talk to mums about conception, pregnancy, birth, babies, toddlers, kids and parenting lifestyle. Essential Baby also offers a baby names database of more than 22,000 baby names, popular baby names, boys' names, girls' names and baby names advice in our baby names forum. Essential Kids features a range of free printable worksheets for kids from preschool years through to primary school years. For the latest baby clothes, maternity clothes, maternity accessories, toddler products, kids toys and kids clothing, breastfeeding and other parenting resources, check out Essential Baby and Essential Kids.