Foreign Tourist Dies in Thailand: What You Need to Know About Legal Proceedings and Family Rights

Chinese Tourist Drowns While Snorkeling in Phuket, Family Questions Rescue Efforts

During the Chinese New Year holiday, Ms. Zhong traveled to Phuket, Thailand, with her 5-year-old daughter and 31-year-old sister, and booked a snorkeling package for February 6  2025 through an online platform. However, this trip turned into a tragedy, causing her to lose her sister.

Snorkeling Accident: Delayed Rescue?

On the morning of February 6 2025 , Ms. Zhong, along with her sister and daughter, followed the plan to go to Coral Island, with around 20-30 tourists on the same boat. Most of the crew were Thai, and there was a Chinese-speaking guide who provided information about the tour program and safety precautions, such as wearing a life jacket while snorkeling and avoiding areas with deep water. However, Ms. Zhong mentioned that the life jackets were only brought out after the guide finished the briefing, and tourists could pick them up on their own. As other tourists began entering the water, Ms. Zhong, who was watching her daughter on the beach, didn’t notice whether her sister was wearing a life jacket.

Around 12:30, Ms. Zhong noticed a speedboat rushing toward the shore. Sensing something was wrong, she quickly ran over and found her sister unconscious on the boat, with the crew performing CPR—her sister had drowned! Witnesses said that the area had both snorkeling activities and jet skiing. Although there were buoys marking the boundaries, some jet skis still entered the snorkeling area. Two French tourists and a Thai jet ski driver discovered Ms. Zhong’s sister’s body and helped bring her out of the water, after which the crew performed CPR and took her to a hospital in Phuket.

Died 16 Days After Brain Death, Family Questions the Rescue Efforts

Ms. Zhong stated that when the staff took her sister to the hospital, she requested to go along but was refused. She arrived at the hospital around 2:30 PM and was informed that her sister was in a brain-dead state.

Afterward, the family attempted to arrange a transfer to another hospital and considered the possibility of sending her sister back to China for treatment. However, after 16 days of battling life and death, her sister passed away on February 22.

Ms. Zhong’s family believes that the cessation of CPR during two transfer processes may have been a factor in missing the opportunity to save her life. They also questioned the safety measures taken by the tour company, arguing that the staff had not provided proper snorkeling training before the activity.

Dispute Over Compensation: Family Rejects the Tour Company’s Offer

Following this tragedy, Ms. Zhong attempted to negotiate with the tour company for fair compensation and called on relevant authorities to review safety measures, such as providing additional life-saving equipment and effective first-aid training.

However, the tour company offered compensation of 1 million Thai baht (approximately 20,000 RMB or 200,000 Thai baht) from the Thai side, and 200,000 RMB (approximately 1 million Thai baht) from the Chinese side, totaling about 1.2 million Thai baht. This amount is lower than the 1.5 million RMB (approximately 7.5 million Thai baht) that the family had requested.

Lawsuit and Proving the Mistakes of the Tour Operator (Dive Supervisor) That Caused Damage

The claim for compensation from this accident can be pursued under the law and the rights of those who have suffered damage due to the negligence or actions of others, including mistakes made by the tour operator or the supervisor of the snorkeling activity. This applies if there was a violation of duties or negligence that led to harm or danger to the life or body of the tourist, particularly in cases related to safety and the management of life-saving equipment that was either substandard or insufficiently prepared.

Under Thai law, the injured party can file a lawsuit in both civil and criminal court if it can be proven that the tour operator or the involved staff made a mistake due to negligence or failure to manage safety properly. This includes failing to provide adequate life-saving equipment or not performing CPR promptly and effectively, which is a breach of their duty with a direct impact on the life of the tourist.

In cases where the compensation offered by the tour operator is unsatisfactory—such as the amount being insufficient for the loss suffered—the injured party can file a lawsuit in court to seek appropriate compensation. The court will consider the evidence and facts to determine a fair amount of compensation based on the extent of the damage caused.

Moreover, the claim for compensation from the tour operator can be pursued either through negotiations or litigation in court if the affected party disagrees with the offered settlement (for example, the offer of 1,200,000 Baht). In such cases, the court will evaluate the relevant evidence and facts to determine the appropriate compensation amount.

In summary, the family of Ms. Zhong can exercise their right to claim compensation from the actions of the tour operator and the supervisor of the snorkeling activity if it can be proven that the staff or the tour operator failed to provide adequate safety measures or neglected important steps in assisting the accident victim. This includes the lack of proper training and the failure to use appropriate life-saving equipment.

Reference :   https://mp.weixin.qq.com/s/PCKqYV4Wfo3J2rXN6Kn5DA 

Written by : Wararat Wongpothisarn (Internship Student in Chinese Language)