Personal Injury Torts in Cambodia
- Orichá
- I have some social problems
- Reactions: 70
- Posts: 551
- Joined: Sat Jun 27, 2015 10:20 pm
- Location: unknown
Personal Injury Torts in Cambodia
Has anyone personal or anecdotal experience of someone in Cambodia taking legal action, that is, initiating a "tort" or "law suit" involving compensation (damages) awarded due to a Cambodian property owner's negligence and failure to maintain a safe living environment which has lead to the serious personal injury of a rental tenant?
Please respond only if you have concrete knowledge or experience of real life cases. Speculators need not waste their time...
Here below are the pertinent passages from Cambodia's Civil Code of 2011...
Chapter 16 TORTS
742. Definitions of intent and negligence
For the purposes of this Chapter, an intentional or negligent act is
either of the following types of acts:
a. An act that harms another where the actor has foreseen that
a particular result would occur but accepted the occurrence
of such result; or
b. An act with respect to which: (i) a person having the same
profession or experience as the actor could have foreseen that
a particular result would normally occur from such act, but
failed to foresee the results due to an absence of due care;
and (ii) the actor obligated to prevent the occurrence of such
result but neglected to fulfill such duty.
~~~~~
757. Principle of monetary damages and exceptions
(1) Damages shall be paid in money in principle.
(2) Should money not provide an appropriate remedy, the injured party may demand restitution or injunctive relief.
~~~~~
761. Damages for bodily harm
Should an injured party suffer bodily harm as a result of a tortious
act, the injured party may demand damages for economic harm and emotional distress suffered thereby. As used herein, economic harm includes medical expenses already paid or expected to be paid in the future, loss of income while receiving medical treatment, future income that cannot be received due to the residual effects of the injury and other such matters. As used herein, emotional distress includes emotional distress suffered while receiving medical treatment, future emotional distress, and other similar forms of emotional distress.
~~~~~
Please respond only if you have concrete knowledge or experience of real life cases. Speculators need not waste their time...
Here below are the pertinent passages from Cambodia's Civil Code of 2011...
Chapter 16 TORTS
742. Definitions of intent and negligence
For the purposes of this Chapter, an intentional or negligent act is
either of the following types of acts:
a. An act that harms another where the actor has foreseen that
a particular result would occur but accepted the occurrence
of such result; or
b. An act with respect to which: (i) a person having the same
profession or experience as the actor could have foreseen that
a particular result would normally occur from such act, but
failed to foresee the results due to an absence of due care;
and (ii) the actor obligated to prevent the occurrence of such
result but neglected to fulfill such duty.
~~~~~
757. Principle of monetary damages and exceptions
(1) Damages shall be paid in money in principle.
(2) Should money not provide an appropriate remedy, the injured party may demand restitution or injunctive relief.
~~~~~
761. Damages for bodily harm
Should an injured party suffer bodily harm as a result of a tortious
act, the injured party may demand damages for economic harm and emotional distress suffered thereby. As used herein, economic harm includes medical expenses already paid or expected to be paid in the future, loss of income while receiving medical treatment, future income that cannot be received due to the residual effects of the injury and other such matters. As used herein, emotional distress includes emotional distress suffered while receiving medical treatment, future emotional distress, and other similar forms of emotional distress.
~~~~~
"Storytelling reveals meaning without committing the error of defining it."
...Hannah Arendt
...Hannah Arendt
Let me get this straight
You are asking on an expat forum if any member here has ever been successful in suing a Cambodian landlord?
You are asking on an expat forum if any member here has ever been successful in suing a Cambodian landlord?
Safe environment in the house then what happens when they step outside?
pew, pew, pew, pew!
- Orichá
- I have some social problems
- Reactions: 70
- Posts: 551
- Joined: Sat Jun 27, 2015 10:20 pm
- Location: unknown
NOTE: the tort is based on "property owner's negligence and failure to maintain a safe living environment" ...
I am talking about a serious injury that happened because of the neglected/overlooked state of a particular physical component of structural organization inside the premises ...
I am talking about a serious injury that happened because of the neglected/overlooked state of a particular physical component of structural organization inside the premises ...
"Storytelling reveals meaning without committing the error of defining it."
...Hannah Arendt
...Hannah Arendt
- Lucky Lucan
- K440 Knight Captain
- Reactions: 761
- Posts: 22525
- Joined: Fri Mar 04, 2011 12:24 pm
- Location: The Pearl of the Orient
Yeah, well considering most properties have "death trap" elements good luck with that.
Romantic Cambodia is dead and gone. It's with McKinley in the grave.
What happened to the owners of the building in Sihanoukville who illegally added 5 floors?
I think it depends on the enormity of the damage and public sentiment
FB's one good use, raising public outrage and thereby getting a result
I think it depends on the enormity of the damage and public sentiment
FB's one good use, raising public outrage and thereby getting a result
-
- 5 minutes to kill
- Reactions: 0
- Posts: 37
- Joined: Thu Feb 01, 2018 4:24 pm
This is bla bla bla. In this country, the law is on the paper and in the reality nothing. You will lost time and especially your money.Orichá wrote: ↑Mon Jun 13, 2022 5:52 pm
Here below are the pertinent passages from Cambodia's Civil Code of 2011...
Chapter 16 TORTS
742. Definitions of intent and negligence
For the purposes of this Chapter, an intentional or negligent act is
either of the following types of acts:
a. An act that harms another where the actor has foreseen that
a particular result would occur but accepted the occurrence
of such result; or
b. An act with respect to which: (i) a person having the same
profession or experience as the actor could have foreseen that
a particular result would normally occur from such act, but
failed to foresee the results due to an absence of due care;
and (ii) the actor obligated to prevent the occurrence of such
result but neglected to fulfill such duty.
~~~~~
757. Principle of monetary damages and exceptions
(1) Damages shall be paid in money in principle.
(2) Should money not provide an appropriate remedy, the injured party may demand restitution or injunctive relief.
~~~~~
761. Damages for bodily harm
Should an injured party suffer bodily harm as a result of a tortious
act, the injured party may demand damages for economic harm and emotional distress suffered thereby. As used herein, economic harm includes medical expenses already paid or expected to be paid in the future, loss of income while receiving medical treatment, future income that cannot be received due to the residual effects of the injury and other such matters. As used herein, emotional distress includes emotional distress suffered while receiving medical treatment, future emotional distress, and other similar forms of emotional distress.
~~~~~
Poor or rich, khmer people are coward when they have to take responsibility.
Is this a joke?
Stick your money in your reviled crypto, oricha. You will reap more satisfaction.
Stick your money in your reviled crypto, oricha. You will reap more satisfaction.
1
1
- Orichá
- I have some social problems
- Reactions: 70
- Posts: 551
- Joined: Sat Jun 27, 2015 10:20 pm
- Location: unknown
Well, so nobody has heard of anyone sue for personal injury liability, with the exception of the collapsed building case.
This is not a carefully contrived test of your cynicism levels, either.
This mishap would easily constitute grounds for a suit in the West. My research leads me to see that many similar cases at home are actually settled "out of court" -- by negotiation -- to save costs...
Of course, the real question is not about whether the responsible party is too cowardly to accept his duty to the injured one. If the owner refuses to accept, then it would be a matter for the court to decide...
So, why do all of you presume that the court will automatically rule in the owners favor, if the evidence in a particular situation clearly establishes the owner's negligence?
This is not a carefully contrived test of your cynicism levels, either.
This mishap would easily constitute grounds for a suit in the West. My research leads me to see that many similar cases at home are actually settled "out of court" -- by negotiation -- to save costs...
Of course, the real question is not about whether the responsible party is too cowardly to accept his duty to the injured one. If the owner refuses to accept, then it would be a matter for the court to decide...
So, why do all of you presume that the court will automatically rule in the owners favor, if the evidence in a particular situation clearly establishes the owner's negligence?
"Storytelling reveals meaning without committing the error of defining it."
...Hannah Arendt
...Hannah Arendt
Because the owner is likely to have deeper pockets and better connections than your average Joe expat. Who will be charged an initial $1000 retainer by local lawyers, then more as the "case" very slowly dies a lengthy, costly death because nobody gives a fuck.
Why do you think there are so many derelict buildings with zero maintenance? Do you want to sue the owners because you slipped on a broken stair on are inconvenienced by the ambient piss smell?
1
1
- ផោមក្លិនស្អុយ
- Daylight, I need Daylight !?!
- Reactions: 685
- Posts: 4715
- Joined: Sun Feb 05, 2017 4:42 pm
I don’t think the court will automatically rule in landlords favour.
But unless it is a massive case then will it really be worth your while? And even if it is a potentially massive payout, would you feel safe throughout the duration of the case.
The process could take ages, the judiciary will sway to whomever pays money - I guess a local landlord will know who to pay and how much better than a foreigner.
I think bringing a case here would be more hassle, cost and stress than I’d be willing to tolerate.
Better option would be to negotiate with person directly, bring village chief to mediate a solution.
But unless it is a massive case then will it really be worth your while? And even if it is a potentially massive payout, would you feel safe throughout the duration of the case.
The process could take ages, the judiciary will sway to whomever pays money - I guess a local landlord will know who to pay and how much better than a foreigner.
I think bringing a case here would be more hassle, cost and stress than I’d be willing to tolerate.
Better option would be to negotiate with person directly, bring village chief to mediate a solution.
- Lucky Lucan
- K440 Knight Captain
- Reactions: 761
- Posts: 22525
- Joined: Fri Mar 04, 2011 12:24 pm
- Location: The Pearl of the Orient
The owner's connected to the village chief.
The village chief's connected to the governor.
The governor's connected to the big guy.
And that's the way it goes.
Romantic Cambodia is dead and gone. It's with McKinley in the grave.
- Orichá
- I have some social problems
- Reactions: 70
- Posts: 551
- Joined: Sat Jun 27, 2015 10:20 pm
- Location: unknown
Thanks for your opinions.
But again, all of them are based on presumption about outcomes or the local social dynamic, nobody here can offer real life examples to substantiate their position.
But again, all of them are based on presumption about outcomes or the local social dynamic, nobody here can offer real life examples to substantiate their position.
"Storytelling reveals meaning without committing the error of defining it."
...Hannah Arendt
...Hannah Arendt
-
- Similar Topics
- Replies
- Views
- Last post
-
-
$8 Billion of Personal Loans Push Cambodia to Brink of Crisis
by Clutchen Menuts » Thu Aug 08, 2019 5:26 pm » in Cambodia News - 14 Replies
- 3552 Views
-
Last post by Chneseexpat
Mon Aug 12, 2019 9:08 am
-
-
-
Immigration checks, Cambodia begins using "Foreigner Presence in Cambodia" system to track foreigners
by Bong Burgundy » Fri Mar 06, 2020 4:11 pm » in Cambodia Speakeasy - 13 Replies
- 15805 Views
-
Last post by telescopic
Wed Dec 28, 2022 11:21 am
-
-
-
How many of you are still in Cambodia?
by MarkinAston » Mon Jun 19, 2023 10:02 pm » in Cambodia Speakeasy - 29 Replies
- 9667 Views
-
Last post by MarkinAston
Tue Jun 20, 2023 8:09 pm
-
-
- 97 Replies
- 24523 Views
-
Last post by ផោមក្លិនស្អុយ
Wed Jun 28, 2023 6:07 pm
-
- 52 Replies
- 16776 Views
-
Last post by TheRaven
Wed Oct 05, 2022 8:58 pm