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拿起法律武器

naomi.deng 2009-10-12 20:15:41 阅读 3393 来自: 澳大利亚
Xiaogeng同学你好, 首先想要祝你早日康复
其次我想建议你 你的情况完全可以起诉酒吧 获得索赔
我是法学院二年级的学生,作为中国人, 听到你的情况也很不平, 然后想到你完全可以通过侵权法里的negligence来索赔。 英美法案例中相当多类似factual senario的案例,如果顾客在营业场所受伤, 该场所与实际侵权人共同承担连带法律责任,找不到实际侵权人并不影响你的索赔。 而且往往原告可以获得的索赔数额不小,尤其像你的情况,伤及视力已经属于非常严重的physical injury。

local 的律师收费确实非常高,所以建议你如果你想进一步得到咨询, 可以到法学院的legal aid center,这些全是对学生的免费服务,另外我的qq是4287652, 如果有什么问题可以联系我先。
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naomi.deng

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myth 来自: 澳大利亚

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回复 · 2009-10-12 20:21:59
Adam 来自: 澳大利亚

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顶了。。。
回复 · 2009-10-12 20:25:39
nathanxu 来自: 澳大利亚

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Of course the pub owns plaintiff some duty of care.  However, that is not how he should do it in practice.  What you can do is to get a firm who is willing to do it for you on no win no fee basis.  
I am a lawyer, but I do feel this kind matter is rather complicated.  
By the way, when I went through law school, I believe those who works in the Law school's legal aid centre are students.  I suggest you only take advice from a legal practitioner, after all, only lawyers are covered by insurance.  
By the way, you have the limitation period of 3+3 years in Tasmania, I can't help you since I am not working in Tassie, good luck though.
回复 · 2009-10-12 20:35:41
naomi.deng 楼主 来自: 澳大利亚

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Hi, nathan, Thanks for your advice.
You are absolutely right that the best way out is to find a lawyer who would do the case on no win no fee basis,  though highly impossible.
Could you please, as a lawyer,  roughly estimate how much a law firm would bill him for the case? in view that he has a good chance of winning, the litigation cost are not necessarily unaffordable.
回复 · 2009-10-12 20:55:11
Juicy 来自: 澳大利亚

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顶……
回复 · 2009-10-12 21:04:23
小狼牙 来自: LAN

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这贴不up是不行的::xt028::
回复 · 2009-10-12 21:18:28
nathanxu 来自: 澳大利亚

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Why do you think the law firm would not do it on no win no fee basis?  The law firm should do it if they believe the plaintiff have great chance of claim damage.  My firm take these kind of matters of no win no fee basis.  I guess the law school haven't taught you to avoid litigation at all cost, the litigation cost is very high and of course, litigation is always very unpredictable.  
What normally happens is that a law firm writes few letters to the pub owner, the pub owner should redirect the letter to its insurance company.  The insurance company will come to an agreement with plaintiff's lawyer with a lump sum include legal cost.  However, each case must be examined on its merits.  
I would hesitate to give any estimate of legal cost as anything could happen in the legal world and this matter might even end up in litigation.  I normally just give clients the hourly rate which is normally around $300 for me.  It is up to the client to decide whether or not he or she choose to proceed.  
The real world is very different to the law school, however, the knowledge you obtained in the law school will give you the foundation and a good start in your legal career.  Good luck on your upcoming torts and contract exams.
回复 · 2009-10-12 21:21:35
naomi.deng 楼主 来自: 澳大利亚

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Thanks very much for your enlightening instructions.
You gave me a real picture about how such cases works in law firm. Really appreaciate your help.
My professor once noted that champerty such as lawyer's contigency fee is illegal during a certian period of time, but now widespread as long as not involving illegal purpose.
Could I ask is it quite difficult for a Chinese to practice law here in Aussie, especially to be a successful lawyer like you?
If you don't mind, could I have your contact method for just a bit online enquiry?
Ye, i am struggling with contract, torts, crim, consti... barely survive......:(   Anyway, thank you for your nice words.
回复 · 2009-10-12 22:07:00
nathanxu 来自: 澳大利亚

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Naomi, are you telling me you are actually undertaking contract, torts, crim and consti in one year?  You are very brave indeed.  Law is not very hard when you discover a method that best suites you, I am sure you will soon overcome your difficulty.  Not struggle in law is not normal.
  
To answer your questions, firstly, I am not a successful lawyer as I am only first year into my practice.  I am hoping one day I could be a good and ethical criminal lawyer.  Secondly, I don't believe people will look at the colour of your skin, most people will like you regardless your skin colour.   I still remember a magistrate in Hobart who is even willing to be my referee on my CV.  
Law is an interesting but difficult journey to take, however, I am not regretting to undertake such journey and I am confident this will also be a great experience for you.
回复 · 2009-10-12 22:17:47
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