AFKL From Netherlands, joined Feb 2008, 219 posts, RR: 0 Posted (7 years 1 month 2 weeks 3 days 6 hours ago) and read 6014 times:
Since I have been reading the forums here on a.net it seems as though there is one story after the other where passengers are suing the airlines for whatever reason they can think of, hoping to make a quick buck or cash in that needed hundred thousand dollar check for 'personal damages', where sometimes the airline may not even be responsible for!
When did this trend start, and why is it becoming more and more acceptable within society, as everyone just seems to be doing it? I personally think it has reached a stage that it completely gone over the top, placing the true accusations in the shadow of these sometimes ridiculous law-suit actions.
Mandala499 From Indonesia, joined Aug 2001, 7408 posts, RR: 78
Reply 6, posted (7 years 1 month 2 weeks 3 days 3 hours ago) and read 5630 times:
Quoting Planeguy727 (Reply 2): The headline made me thing this thread was going to be about someone suing a passenger that was happy about air travel.
Me too... I went to read this topic because I thought the TSA has come up with a new way of getting into the nerves of those who still smiles after being put for secondary screening or a body cavity search... or a new way the TSA to end all smiles on airports...
Lawsuit-happy passengers???? Well they'd try to sue any airline for "false imprisonment" because they were stuck in a metal tube at 30,000ft... LOL
When losing situational awareness, pray Cumulus Granitus isn't nearby !
RussianJet From Belgium, joined Jul 2007, 7793 posts, RR: 20
Reply 7, posted (7 years 1 month 2 weeks 2 days 9 hours ago) and read 5168 times:
This is just a reflection of the wider picture in society. This phenomenon is not unique to the world of aviation and is seen all over the place in the form of advertisements encouraging people to sue for anything they can think of. I don't really see this as an aviation issue.
Also, your title confused the hell out of me. I thought that you, or someone you were going to talk about, was proposing to sue happy passengers, not that the thread would be about passengers who sue airlines to readily in the hope of extracting cash.
✈ Every strike of the hammer is a blow against the enemy. ✈
PacNWjet From United States of America, joined Sep 2000, 980 posts, RR: 0
Reply 8, posted (7 years 1 month 2 weeks 2 days 9 hours ago) and read 5094 times:
Quoting RussianJet (Reply 7): This is just a reflection of the wider picture in society. This phenomenon is not unique to the world of aviation and is seen all over the place in the form of advertisements encouraging people to sue for anything they can think of. I don't really see this as an aviation issue.
It extends to other areas as well, such as colleges and universities which have turned into giant grievance factories. It doesn't take much these days for individuals to claim harassment or that they were offended in some way that created a "hostile environment." Then come the lawyers. There are even cases where students have been caught red-handed cheating or plagiarizing and then they "lawyer up" claiming that they weren't afforded proper due justice. Welcome to the jungle.
Access-Air From United States of America, joined Sep 2000, 1941 posts, RR: 12
Reply 9, posted (7 years 1 month 2 weeks 2 days 9 hours ago) and read 5073 times:
Quoting AFKL (Thread starter): When did this trend start, and why is it becoming more and more acceptable within society, as everyone just seems to be doing it?
In my estimation, it all comes from the idea from Attorneys being allowed to get on TV and open their advertizements by asking: "Are you a victim?"
In nine times out of ten, yes they are victims, of their own stupidity.....
Attourneys have give people this sense of entitlement, that if something bad happens to you even if its your own wrong doing, you deserve to be compensated for it... This is especially prevelant with people that get on planes. They think that if the airline doesnt fly because of some reason even if its for safety reasons, they are entitled to be paid. You can imagine the rest...The sue-happy lawyers are all too happy to entertain some cock and bull story of how a big-bad-ole airline bullied someone....
There are legitimate reason for lawsuits if something truely happens to you that puts your life in danger, but to sue because you "feel" that someone violated you, is just plain stupid.
Americans got a reputation many many years ago for being obnoxious because when something wasn't right they would demand that it be made right. People in other parts of the world resent Americans' demands - after all, what is so difficult about picking the fly out of the soup anyway?
In reading these threads we see nothing has changed.
RFields5421 From United States of America, joined Jul 2007, 7748 posts, RR: 32
Reply 13, posted (7 years 1 month 2 weeks 2 days 8 hours ago) and read 4893 times:
While we see a lot of news about suing airlines and making claims for compensation - the cold truth is most of these go nowhere beyond a short splash of publicity.
It is very difficult and expensive to successfully sue something as big as a major airline unless there is clear and obvious intentional negligence.
Like most large businesses, the airlines has a very good understanding on which cases they need to pay off quickly, and which they can flight successfully.
A lot of the ambulance chaser lawyers will file a suit. But frequently if the company being sued does not respond with some type of settlement offer quickly, the attorney will drop the case. He's go back to the people wanting to sue and say - "I can't afford to carry this case only on continegency - you have to come up with $10,000 (or $20K or $50K) if you want to go forward."
These lawyers know exactly how much money take and how long it will be before the lawsuit gets to trial. And how long the appeals will last if they get a favorable verdict.
They are not going to carry a case for long unless there is a very good chance of a multi-tens of millions of dollars settlement.
AFKL From Netherlands, joined Feb 2008, 219 posts, RR: 0
Reply 15, posted (7 years 1 month 2 weeks 2 days 8 hours ago) and read 4817 times:
Quoting RussianJet (Reply 7): Also, your title confused the hell out of me. I thought that you, or someone you were going to talk about, was proposing to sue happy passengers, not that the thread would be about passengers who sue airlines to readily in the hope of extracting cash.
Sorry about that. I didn't actually realise that when posting the topic!
Xtoler From United States of America, joined Sep 2007, 970 posts, RR: 0
Reply 16, posted (7 years 1 month 2 weeks 2 days 6 hours ago) and read 4049 times:
I wasn't the only one to make a joke about the thread title. We all have to have a little fun AFKL, sorry at your expense. Notice this is a pretty common topic, but fun to read. People can get sued for just about anything, and really a lot of the cases don't quite make it. I got sued once by someone my truck back into someone's car. It was a bogus claim, and no I didn't back into anyone, I wasn't even there. But I still had to go to court but the claimant never showed up. Bad for that person, they were issued a warrant for arrest for making a false claim and not showing up to court. So if you do want to sue someone, make sure you can provide some proof and at least show up to court. I'm sure this person didn't get jail time, but it can be a start of a criminal record.
EMB145 F/A, F/E, J41 F/A, F/E, because my wife clipped my wings, armchair captain
ASEFlyer From United States of America, joined Dec 2006, 163 posts, RR: 0
Reply 18, posted (7 years 1 month 2 weeks 2 days 6 hours ago) and read 3922 times:
Quoting RFields5421 (Reply 13): While we see a lot of news about suing airlines and making claims for compensation - the cold truth is most of these go nowhere beyond a short splash of publicity.
I have to agree. I think a large part of the perception that people are too "sue happy" these days is the ridiculous amount of press some of these ridiculous torts cases receive. Many suits against airlines have merit. For instance, your baggage is destroyed by mishandling or you are fed a sandwich that has been left on the tarmac a little too long before being refrigerated and you become ill and have to be hospitalized, you are entitled to recover damages for your articles that were destroyed or your hospitalization as well as some form of compensatory damages. Maybe you missed work because you were hospitalized, lost a consulting contract, etc.
When these cases actually go to trial, courts are very very careful in the way in which they instruct a jury.
Tort reformers are very quick to publicize so-called "frivolous" lawsuits, by and large there are 10 non-frivolous ones for every frivolous lawsuit harped on by the media.
Have any of you ever read the McD's coffee case? If you actually read the facts of the case and NOT just the media reports on it, I think you would feel quite differently about.
It should also be noted that most high jury awards are often restricted by judges when all things are said and done.
ASEFlyer From United States of America, joined Dec 2006, 163 posts, RR: 0
Reply 21, posted (7 years 1 month 2 weeks 2 days 5 hours ago) and read 3824 times:
I am sure someone has too, but I am also sure unless there was some evidence to suggest the airline was negligent, it didn't go to court. Just because people allege frivolous things or attempt to file frivolous suits does not mean the courts allow them to be heard.
JOEYCAPPS From United States of America, joined Jul 2008, 230 posts, RR: 1
Reply 22, posted (7 years 1 month 2 weeks 2 days 5 hours ago) and read 3780 times:
Quoting ASEFlyer (Reply 19): Anyone have any examples or really ridiculous lawsuits against airlines?
"JetBlue made me sit on a toilet the whole flight."
I think that the only time a lawsuit is warranted in ANY situation is where you have to spend money out of your own pocket for something that someone else did. (EG: you spend $5,000.00 in medical fee's over food poisoning on a flight, for example), then sue for the amount spent.
But the idea that in these days you can sue someone for the smallest deal - "he scarred me for life, I have personal damages, so I'll sue for $3m" is a very scary thought. Its almost as if their "personal damages" extend as far as any money they will get; once that cash is in their pocket, its as if nothing ever happened at all.
MWHCVT From United Kingdom, joined Oct 2008, 815 posts, RR: 0
Reply 23, posted (7 years 1 month 2 weeks 2 days 5 hours ago) and read 3710 times:
I think that I'd get banned for life if I truly wrote down on this forum how I felt about the litigation culture that I spreading across the world like an un-stopable plague. Just last year I was involved in the most minor of shunts in the world, I hit the rear corner of the car in front of me, literally causing less that £100 ($180) of damage to the car and not moving it an inch from its position. The damage was to the right side rear corner of the car and that was all. By the time that my insurance people were contacted by the driver of the other car the claim had risen to:
Extensive damage to the entire rear of the car
Tow truck to take the car 50 miles from the scene of the crash to the drivers home
4 x Claims for Whip Lash
= £20,000 or around $38,000 in damages and compensation.
Long story, cut short. Due to the fraudulent nature of the claim or at least most of it my Insurers told the driver to take the claim and well........... Let's say the mailing address suffered from a serious lack of sunshine. They didn't even pay for the minimal damage that I did cause
Must think up a new one soon, slow moving brain trying to get into gear ;)
ASEFlyer From United States of America, joined Dec 2006, 163 posts, RR: 0
Reply 24, posted (7 years 1 month 2 weeks 2 days 5 hours ago) and read 3701 times:
Quoting JOEYCAPPS (Reply 22): But the idea that in these days you can sue someone for the smallest deal - "he scarred me for life, I have personal damages, so I'll sue for $3m" is a very scary thought. Its almost as if their "personal damages" extend as far as any money they will get; once that cash is in their pocket, its as if nothing ever happened at all.
You can only sue for "emtional distress" (as I think you are implying) when it is a parasitic claim to a physical damage.
: Exactly. We hear about ridiculous pepole trying ridiculous things, such as the fool in your situation. But the courts and yes, even insurers have rea
: Oh no! Don't tell me my buddy's neighbor moved their Camaro from Colonial Heights, VA to England? Goes to show you, this happens anywhere! I forgot a
: I would have to see the complaint but a few problems with this: 1. There were no damages...plaintiff suffered no injury 2. Jetblue was probably negli
: I have been told countless time by passengers that they are going to take me and/or the company to court and sue me/us. The reasons range from the fl
: Not that I can/should go into to much detail, but this puts me in mind of a customer that I had on the phone at the weekend yelling and screaming tha
: Me too, and I figured that what the heck... Many of the airlines have tried all kinds of things to make life more difficult for the passangers - for
: People these days just want one thing. Money. I am waiting for someone to sue for their flight being 7 minutes late and them missing there connection
: I completely agree. It has become a form of harassment and intimidation, though as I have stated earlier, most of these are immaterial and do not com
: Get real, folks, do you REALLY want your right to sue to be abridged? All well and good until the Doctor cuts off your right breast when it was the le
: Not that you should put hot coffee near your thighs has anything to do with it either. Maybe you shouldn't get coffee at the drive-thru in the first
: It's certainly far wider that the Airline industry in the UK, in fact people suing Airlines (stories that make the press) seem fairly rare. British 'C
: Spilling coffee in one's lap is a completely forseeable risk that anyone (mcd's) in this case knows when serving coffee. 200 degrees is near boiling
: As someone who works in retail, I can tell you for the most part the customers are pretty good with the exception of that small group that likes to tr
: It is happening with greater frequency because more and more people are flying than ever before, while airline service standards have fallen precipit
: VERY VERY well put and I couldn't agree more! I'm NOT saying that airlines aren't to blame for their fair share of issues, HOWEVER people have got to
: Unfortunately these laws don't get enforced to anywhere the degree they need to be. Any experienced cruiser would agree with you, of course...I've on
: I am sure there is. Greed is rampant. So is stupidity. Anyone who knowing puts a hot beverage near your thighs (or anywhere else for that where there
: Supposed to be big...having problems with the edit feature here.
: What would you do if you got into an public building elevator to go to an important meeting or to attend a wedding reception or meet your kids that yo
: That's like saying you would never sit under an overhead bin that had a faulty latch. 1. You likely wouldn't know it was faulty 2. Knowing it is faul