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

 

Why Tracey Spicer has given up make-up

"After 30 years on television, I had become what I despised: a painted doll who spent an hour a day and close to $200 a week putting on a mask."

Empowering bikini photo of 46-year-old mum goes viral

When a group of teenagers made rude remarks about her body as she walked past them in a bikini at the local beach, Julie Cross refused to cover up.

Devastated widow discovers she's pregnant the day before husband's funeral

They had been trying to conceive a baby for seven years. Tragically Kristy Kirchner found out she was pregnant the day before her husband Royce's funeral.

Gabriella Goat sues Peppa Pig

Every toddler's favourite television pig is being sued by an Italian woman who shares a name with a Peppa Pig character.

Meet the Mpregs, the male pregnancy enthusiasts

"Men can't have babies - that's something only women can do! But our community is full of like-minded people who wish otherwise."

Your new motherhood survival kit

Forget about the bright, pretty baby things - while you're in survival mode, all you'll need are the essentials.

More than 100,000 cars recalled globally after death of pregnant woman

The announcement of a mass recall comes as Malaysian police investigate the death of pregnant woman in July.

Win a family pass to Disney Live!

We have 4 family passes to give away to see Disney Live! presents Three Classic Fairy Tales, touring Australia this December/January.

I had a 'good baby' but still suffered from postnatal depression

I had a much wanted precious baby girl, a 'good baby' who slept well, self settled and was mostly content. It just seemed implausible to think I could succumb to depression.

There's no need to eclipse a babymoon

As long as pregnant women do their research, travelling during pregnancy can be done safely.

Mum and daughter have babies on same day

"It's not really something you ever want or think could happen. To have my mum going through it with me is probably the most special, amazing thing ever.”

Our baby's reflux caused the longest endurance test of our lives

I'm glad she wasn't my first child, or I would have thought that this was normal.

Win one of 5 Little Tikes Cozy Coupe Sport

Australia?s No 1 selling car is now available in a Sports model and we have 5 to give away to some lucky Essential Baby families.

The podcast that reminds mums they are not alone

A mum's complicated, gruelling labour gave birth to two lovely beings: her daughter and her delightful podcast, The Longest Shortest Time.

Is it too late to change my midwife?

My wife is nine months pregnant and we are planning a home birth - but we've had late problems with our midwife team.

The Very Hungover Caterpillar: a parody many can relate to

A new book released this month will be sure to have parents nodding and giggling in recognition the world over.

Babywearers unite against misinformation

Everyone has heard of people power, but what about passionate babywearing power?

Reliving the birth experience

When people ask about how my labour went, I usually respond: "Good, I think? Four hours long, and yeah it hurt, but I dunno, it's labour, it's giving birth, it's painful... but I guess it was good? As good as good gets?"

Literary baby name inspiration

From Harry Potter to Shakespeare and everything in between, we've scoured the library shelves for literary baby name inspiration.

Preparing your child to attend a sibling's birth

Thinking about having your kids at the birth of your baby? Here are some things to consider.

Counselling helps mum deal with triplets' early birth

When Kimberlee King's waters broke nine weeks before her triplets were due, she went into autopilot as she packed her hospital bag.

The women balancing babies with new businesses

Motherhood teaches us that we can be more tolerant, patient, and loving than we ever thought possible - and can also show us that we're innovative, creative and entrepreneurial, too.

It's true, kids grow up overnight

A dad ponders how his toddler daughter can change so much in just one 24 hour period.

Father sings to dying son days after losing wife

A heartbreaking video shows a new dad singing 'Blackbird' to his dying son just days after losing his wife.

Download now: Essential Kids Activity Finder app

Got bored kids? Quickly find the best activities for kids wherever you are in Australia with the Essential Kids app.

 
Advertisement
 
Advertisement
 
 
 

What's hot on EB

Win one of 5 Little Tikes Cozy Coupe Sport

Australia?s No 1 selling car is now available in a Sports model and we have 5 to give away to some lucky Essential Baby families.

Join PADDINGTON on the red carpet!

To celebrate the release of PADDINGTON, we are giving five lucky winners the chance to win a family pass to the exclusive Australian Premiere in Sydney on December 7!

Knowing you are one of the lucky ones

I am secure, confident and strong, but the responsibility of protecting my children can almost bring me undone.

Why I am so emotional now I have kids?

There are so many ways in which parenthood changes us as women, but one of the most noticeable, for me, has been the changing state of my emotions.

Baby survives despite sharing womb with 'foreign body'

Baby Maia was conceived against the odds, only to find she was sharing a womb with an ominous "foreign body".

Video: Baby shows dog how to jump - or vice versa

They say dog is man's best friend, but this playful pooch seems to have chosen a jumping baby as her number one buddy.

10 ways to soothe a crying baby

New paernts can get frustrated when their newborn gets fussy and can't settle down. When you're feeling overwhelmed, try some of these simple tips to help soothe your baby.

20 baby names that are becoming more popular every year

The data-lovers at nameberry.com have been at it again – this time, they’ve discovered the names that are continually rising up the ranks, ready to take out some top spots in the next few years.

10 great meals to make for new parents

Ideally, you want to give food that isn’t expensive to make, isn't too difficult to create, and freezes well; stews, bakes, soups and pasta sauces are perfect.

'It's not you, it's me': Boston bombing survivor mum to have leg amputated

Rebekah DiMartino is going through a break-up. She even wrote a farewell love letter. But it's not to her husband.

What it's like to go through early menopause

In a cruel twist, Carla had been breastfeeding and perimenopausal at the same time. But she's far from the only one to go through menopause early.

Restaurant served alcohol to two-year-old

Busy restaurants can be forgiven for getting food and drink orders mixed up from time to time, but not when the confusion leads to a two-year-old being served an alcoholic cocktail instead of the child-friendly beverage they ordered.

Julia Morris tells of miscarriage on a flight

Julia Morris has spoken about the devastation of suffering a miscarriage while on an international flight.

Woman's survival after birth 'a story of two miracles'

A US mother is home and tending to her new baby less than a month after surviving without a pulse for 45 minutes.

Eating ice may give mental boost to the iron deficient: study

A new study proposes that, like a strong cup of coffee, ice may give those with insufficient iron a much-needed mental boost.

Tiny lives in caring hands: Thank U NICU Day

Each year in Australia, over 40,000 newborns need the help of a special care nursery or neonatal intensive care unit. One day a year, the staff are honoured by the parents they help through those dark days.

I paid $50,000 to have a girl

This time my husband and I hadn't taken any chances. We had paid $50,000 and travelled 13,000 kilometres to make sure the baby growing inside me was female.

Weird pregnancy products

Some pregnancy products come to market and are just awesome. Others just leave you scratching your head.

Dear firstborn, I'm sorry

Being a first-time mum is tough for so many reasons – particularly because you really have no idea what you're doing.

A trace of sesame could kill my son

Helen Richardson son's had two anaphylactic reactions in a month. It's traumatic for everyone.

When you know before the test says yes

It wasn't a pregnancy test or missed period that told me I was pregnant with my second baby; it was too early for those things. A doner kebab told me I was going to be a mum again.

What not to do when your partner is in labour

Robbie Williams stole the show during his wife Ayda's labour, pretty much demonstrating everything on the "what not to do when your partner is in labour" list.

Best maternity swimwear and beach cover-ups

Thinking about a tropical babymoon but have nothing to wear? Here are some great swimwear and beach cover-up options for mums-to-be.

Dad breastfeeds his babies

Trevor Macdonald has now been pregnant twice, and is successfully breastfeeding his newest family member.

 

How many weeks til Christmas?

On your To-Do list

Get the "Santa" shopping done without the kids in tow.

 
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.