#AskAttyGaby— Nabagok sa water activity?! | Unang Hirit
Nasawi ang isang turista sa Lapu-lapu City dahil sa delikadong talbog sa extreme water sport. Ano ba ang sinasabi ng batas tungkol dito?
Alamin ‘yan kasama ang ating #KapusoSaBatas, Atty. Gaby Concepcion.
Alamin ‘yan kasama ang ating #KapusoSaBatas, Atty. Gaby Concepcion.
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FunTranscript
00:00As long as it's about the law, he won't be able to get past it.
00:03Here is our lawyer, Atty. Gabby Concepcion.
00:06Atty., good morning.
00:09Good morning to you too, Ivan.
00:11Oh my, I'm going to give you a very sensitive video.
00:17A tourist in Lapu-Lapu City, Cebu,
00:21because of a dangerous jump in extreme water sports,
00:25you will see a 43-year-old victim sitting on the tip of a jumping balloon,
00:31while a staff member jumps on the other end of the balloon.
00:34But instead of landing on the water,
00:36the victim fell on the jumping balloon,
00:39with her head first before she fell on the water.
00:43Oh my, according to the police,
00:45the victim died of a spinal injury due to water sports activity,
00:51according to its death certificate.
00:53What does the law say about such incidents?
00:57Ask me, ask Atty. Gabby.
01:04Atty., fun and excitement should be the cause of death.
01:09Usually, in such activities, a waiver is signed.
01:13If a waiver is signed, there is no chase,
01:16even if there is an accident in an activity.
01:19Those waivers are very standard.
01:23Although, under our law, it is allowed
01:26for waivers to sign various kinds of establishments,
01:30including those establishments engaged in tourism,
01:34and those with unique attractions, such as this jumping balloon.
01:38There are also various rides,
01:40such as roller coasters, octopuses, and many more.
01:44When we say waiver,
01:46what is it?
01:47It is a submission or revocation of rights
01:50in case something happens that you did not expect.
01:53And usually, it is a submission of rights
01:56to chase or chase the victim
01:59in case something unpleasant happens.
02:03That is why we sign it,
02:05take it or leave it to tourists and vacationers.
02:09Before, if you did not sign,
02:11you will not be able to enjoy the attractions and facilities.
02:16Yet usually, just sign the waiver.
02:18Because, as the saying goes,
02:20what can possibly go wrong?
02:22There it is.
02:23Sometimes, there really is.
02:25So, in order to have a valid waiver,
02:27it should be clearly explained to you
02:30what are the dangers and dangers of those attractions
02:33in which you are waiving your rights.
02:35There should also be protection
02:37and safeguards that are needed in place, of course.
02:41And even if you signed a waiver,
02:44it should not include
02:46cases of gross negligence
02:48or excessive neglect of the operator.
02:51Against public policy is a waiver
02:54that has no liability for excessive neglect of the operator.
02:58And a waiver against public policy
03:01is void or without a visa.
03:03That is why you will not lose your rights.
03:09What is the pursuit of the family
03:11whenever it is proven that there was negligence in an incident?
03:15As per Article 2176 of the Civil Code,
03:19whoever, by act or omission,
03:21causes damage to another,
03:23there being fault or negligence,
03:25or negligence,
03:27there is an obligation to pay all the damage done.
03:30So, what is this damage?
03:32These are all the damages that can be obtained
03:34in cases of negligence.
03:36So, generally, in cases of negligence,
03:39all the natural consequences
03:41and damage of the incident
03:43can be obtained,
03:45including the actual damages,
03:47first of all, for the protection of the victim.
03:50And if the victim did not die,
03:52but was injured,
03:54hospitalization and medical expenses.
03:56There can also be moral damages
03:58due to the pain of the incident
04:00caused by the loss of loved ones
04:02or the pain or suffering of the injured.
04:05There can also be exemplary damages
04:08that can be given to the court
04:10if it can be shown that there was too much negligence.
04:13Another damage is the so-called
04:15indemnity for lost income.
04:17So, if the victim was only injured,
04:19if what was lost from him
04:21is that he was not able to work
04:23while recovering from the incident,
04:25he can get the lost income.
04:27This can be temporary or permanent incapacity.
04:30It can also be in the case of
04:32those who died in an accident,
04:34the court can compute
04:36the earning capacity
04:38in the expected life expectancy
04:40of the victim.
04:42In the case of a victim,
04:44a 15-year-old student
04:46used the life expectancy
04:48of a person
04:50based on the mortality rate
04:52of the insurance companies
04:54and computed the lost income
04:56and gave it
04:58to the loved ones.
05:00Remember,
05:02we are not judgmental
05:04about the incident.
05:06This is just in general
05:08for all possible cases
05:10of negligence.
05:12We will clarify the laws
05:14discussed here
05:16for the peace of mind.
05:18Don't think twice.
05:20Ask me, ask Attorney Gatto.