Confused law question!!! who can claim damages from whom?
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Confused law question!!! who can claim damages from whom?
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A is employed by swiss company as a driver.one day while delivering to a local petrol station, a customer of swiss company, he saw P trying to leave without paying, A stopped P with a punch on the nose resulting in P suffering a broken nose and cheekbone and had to get cosmetic surgery, moreover was unable to work for months.
Same day A had a crash with B, B suffered injuries resulting in not being able to drive.
Both P and B want to know if they can claim damages and from whom.
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All Good Things☆
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A stopped P with physical injury. P can claim against A (Nothing to to with the Company.
The Petrol Station Can claim against P for theft.
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A- Crash with B, If A is on official work duties and it was A's fault then B can claim against A's Swiss Company.
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Ghengis
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The person(s) who suffered the damage can claim damages against the person(s) causing the damage. |
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CJcollegestudent
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A would be sued for medical and should be brought up on charges for aggravated assault. The company has nothing to do with the incident. But if A was driving the company vehicle than the company is responsible for the accident not the assault. Yes both A and the company he was driving for can be sued in civil court, you have a case. A needs to be brought up on charges for aggravated assault on P for punching him in the face and needing medical assistance. After that A can be sued for medical bills by P. B can sue A and the company for medical and vehicle damage. |
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Tyson
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P may sue A for assault. The remedy sought would be damages; specifically in the forms of compensatory, exemplary and aggravated damages.
As for A and B, there is a prima facie claim for damages in the form of compensation for negligence against A. However, if the damage occurred within the course of A's employment, that claim may also be actionable against swiss company under vicarious liability. |
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Jon S
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I'm not familiar with Swiss law, but A's company may have to pay for any damages caused by their employee during working hours (usually covered by insurance). B is more likely to be able to collect but probably from A's company's insurance provider. P may be out of luck if there is any protection for those that stop thieves. If there are no protection laws for such cases then A is likely to be fired or put on probation by the company and jailed or fined by the government and then maybe sued by P. In most countries P would not be able to collect damages unless it was an unprovoked attack. If A attacked without warning, then he is likely to be punished. It all sounds like A might have some sort of issue to have both of these things happen in one day, were drugs involved? |
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Morningfox
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What's so hard about this? P can claim damages from A and swiss and the local petrol station.
B can claim damages from A and swiss, and perhaps even the auto manufacturer, and the mechanics who worked on the autos.
Its easy for anybody to claim damages, the real question is, will they succeed in their claim. |
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