Court orders BMA to pay pier victims
The Supreme Court yesterday ordered the Bangkok Metropolitan Administration (BMA) to pay 12.6 million baht plus 7.5% annual interest to relatives of 12 of the 29 people killed in the collapse of the Phran Nok pier in 1995.
The lawsuit was filed in 1996 by Sawai Phusawan and 11 relatives of the victims against Supatra Co, Chao Phraya Express Boat Co, the BMA and the Marine Department for dereliction of duty, leading to 29 fatalities and several injuries in the collapse.
The BMA was ordered to pay a total of 12.6 million baht to the plaintiffs plus 7.5% interest a year from the day the incident occurred.
The court said even though the BMA realised the pier was old and damaged, it did not order it to be closed for maintenance for the sake of public safety.
The pier still operated as normal, which was considered dereliction of duty on the BMA’s part.
As for the BMA’s claim that signboards had been put up saying the pier could accommodate only 60 people, the court said it was not enough to prevent too many rush-hour commuters from getting on the pier.
Therefore, the BMA could not use the signboards to excuse its liability.
The court said after the concession was granted to Supatra Co, which constructed the pier, and which expired in 1995, the pier became a public area.
The BMA neglected to build safety barricades at the pier, which was considered vital in regulating the number of commuters standing on the pier.
Watchara Sukon, a lawyer for the plaintiffs, said the case set a good example in that even though the private sector received a concession to run the pier, state agencies should keep an eye out for public safety.
They should not be complacent and evade any responsibility.
Meanwhile, Sanya Chenimit, deputy city clerk of the BMA, said the BMA respected the court’s decision and pledged to follow the court’s order.
However, the BMA’s authority in pier maintenance for public safety is limited because the Marine Department is mainly responsible for piers in Bangkok, especially those along the Chao Phraya River, he said.
But canal-side piers which are mostly constructed by the BMA will be directly under supervision of the BMA as well, he added.
The Phran Nok incident occurred on the morning of June 14, 1995 while two boats of Chao Phraya Express Boat Co heading to Nonthaburi and Sathon were simultaneously mooring at the pier where about 100 people were waiting to get on the boats.
However, the pier suddenly collapsed as it could not support the passengers’ weight. Many commuters on the pier fell into the Chao Phraya River resulting in 29 deaths.