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Suing for damages

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1 Suing for damages on Mon May 30, 2011 11:59 am

sailingmouse


Arresto Menor
Can I sue a shopping mall for damages or at least recover medical costs?

The circumstances are my 2 year old son caught his hand in an escalator in a mall causing severe lacerations, which required surgery.

There is little warning signage about use of escalators and what signage there is - is very small and because of the positioning is very difficult to read.

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2 Re: Suing for damages on Tue May 31, 2011 6:27 pm

attyLLL


moderator
the mall did not even try to settle with you?

how much were your costs? how did your son's hand get caught and where? what did the mall personnel do after the accident?

your first step is to send a demand letter, then filing an actual suit. Note that filing fees are about 2.5% of the amount of your claim.


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3 Suing for damages on Thu Jun 02, 2011 2:25 pm

sailingmouse


Arresto Menor
Thanks for your reply AttyLLL.

My wife has been to the mall with the medical bills (circa.70k pesos) after advice from the City Attorney.

The mall manager said he would contact the owners and come back to us.

He caught his hand in between the steps of the escalator, which as I said has little visible warning signage.

Also the mall personnel did nothing as my wife rushed out in a panic to the hospital because there was lots of blood etc.
Many thanks again

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4 Re: Suing for damages on Sat Jun 04, 2011 4:46 pm

attyLLL


moderator
my firm once defended a mall against a suit where a customer tripped. I felt that she had no cause of action, but in the end the mall settled because they didn't like the bad publicity.


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5 Re: Suing for damages on Wed Jun 22, 2011 11:10 pm

sailingmouse


Arresto Menor
this has now gone on too long , they did not come back to us and my wife went there yesterday to be told the manager was not there.
Is there a way under Filipino law that we can get an injunction to stop hem trading until resolution of our claim.

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6 Re: Suing for damages on Thu Jun 23, 2011 5:49 pm

attyLLL


moderator
i do not believe that will be an applicable remedy.

you can file a small claims case without a lawyer. rules on sc.judiciary.gov.ph


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7 Suing for Damages on Thu Sep 29, 2011 12:41 pm

sailingmouse


Arresto Menor
After taking your advice ATTYLLL I took the mall to the small claims court to recover my medical costs.
One day before the case they settled in full
so many thanks for your advice

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8 Re: Suing for damages on Fri Sep 30, 2011 12:22 am

attyLLL


moderator
congratulations for asserting your rights! and thank you for the feedback!


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9 small claims case on Sat Oct 08, 2011 6:38 pm

bsabroso


Arresto Menor
attyLLL pwede po bang mag-file ng small claims case sa may-ari ng apartment na tinitirhan namin? they have been issuing letters to us informing us of delayed payment but in fact their records are not correct. we always send them a reply to the letters they send to us but still the discussion has been on and on, even in the presence of receipts and signed acknowledgement of payments.

they also want us to sign a new contract of lease but there are some clauses that require modification which will have some implication to us as lessor, e.g. limiting the maximum number of tenants to only 5, whereas the unit has 3 big rooms and our family of 10 members have been living there since 1986; also indicated is the provision of parking space but there has never been a parking space given to us.

nakakasama kasi ng loob, as if we are treated as uneducated of our rights... much worst is that the last letter we sent them, asking them to revise the contract, di na daw nila sasagutin at dapat daw pirmahan na ang kontrata otherwise we have to vacate the place by 30 November 2011. sabi sa huli nilang letter, magpa-file daw sila ng criminal charge for damages and cause of litigation...

eh samantalang wala naman kaming hinihingi kung i-tama lang ang contract at wala naman kaming delayed payments.

i am asking you if pwede gamitin ang small claims case for the emotional and psychological damages na dinudulot nito sa aming lahat lalo pa sa kapatid ko na naconfine sa hospital ngayon dahil tumaas ang BP nya dahil dito.

appreciate your advice please.

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10 Re: Suing for damages on Sat Oct 08, 2011 8:17 pm

bsabroso


Arresto Menor
regarding the contract of lease, in the event that we will be able to resolve the matter and the contract has been signed, and later on expired, will the lessee have the right to eject us and refuse to issue a new contract?

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11 Re: Suing for damages on Sat Oct 08, 2011 8:25 pm

bsabroso


Arresto Menor
on the reason why i am asking if we can file a claim for damages: the lessee sent a lawyer who gave us a final demand to vacate the premises, the lawyer asked my father to sign the letter, but my father refused to sign and said that he will just respond to the letter as formal way of acknowledging it.. after the refusal, the lawyer posted it on the door of the apartment and took a photo of the door.. my father informed the lawyer about the fact that we have no delayed payments as proven by the receipts and that we have not signed the contract because of the clauses that require amendments. the whole conversation and scenario were seen and heard by our neighbors that is why i find it vexing and humiliating, hence the thought of filing a claim in addition to false accusations of delayed payments.

thank you po for the advice.

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12 Re: Suing for damages on Sun Oct 09, 2011 3:28 pm

attyLLL


moderator
everything you've said, while you feel bad, they are all valid efforts to enforce their rights. especially what the lawyer did of posting it on the door, that's something i've done myself. we're forced to do it because of your refusal to acknowledge receipt of the letter.

you can insist on the rights stated on your previous contract, but it's open season in negotiations for a new one. and if you don't wish to accept the new terms, then it's time to look for a new place.

to counter negotiate, i recommend you file a complaint at the bgy for unjust vexation. hopefully you can reach a settlement. you cannot be forced to leave until there is a court order.


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13 Re: Suing for damages on Sun Oct 09, 2011 3:42 pm

bsabroso


Arresto Menor
thank you for your response.

how long does it take to get a court order? and how will be initiated?

are you saying that the lessor has the right to refuse further negotiation for a new contract? even if we had been paying the rent on time and have been occupying the place for 25 years? you see, it is only this time that they have indicated the maximum number of tenants. and putting it as 5 only is not realistic enough for a family to occupy a 3-large bedroom apartment (approx 200 sqm). plus the clause of provision of parking space whereas there isnt really a parking space. we had exchange of letter with them, and everytime they respond, they will always insist that we have outstanding balance but in fact we do not have. and the last letter was not a response to our letter negotiating to increase the number of tenants and to remove the parking provision since it is not relevant; but a Final Demand to vacate. how can it be final demand, whereas we are in the midst of negotiation through the exchange of letter.

thank you for further advice.

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14 Re: Suing for damages on Sun Oct 09, 2011 3:49 pm

bsabroso


Arresto Menor
and also, do you recommend that we respond in writing to the final deman to vacate? emphasizing on the foregoing exchange of letter aimed at straightening out the two proposed changes in the contract?

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15 Re: Suing for damages on Tue Oct 11, 2011 8:05 pm

attyLLL


moderator
find out if your area is under a law decreeing it to be urban law reform. if so, you can demand to purchase the property.


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16 Re: Suing for damages on Tue Oct 11, 2011 10:20 pm

bsabroso


Arresto Menor
but that law applies only to urban land, isn't it? or it also covers apartment dwellers?

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17 Re: Suing for damages on Sat Oct 15, 2011 10:27 pm

attyLLL


moderator
yes, it won't apply to an apartment


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18 Re: Suing for damages Today at 10:30 pm

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