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Sue Happy Passengers  
User currently offlineAFKL From Netherlands, joined Feb 2008, 219 posts, RR: 0
Posted (5 years 11 months 1 week 5 days ago) and read 5741 times:

Hey all,

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.

What are your opinions on the topic?


ALLARD.


ALLARD. First flight: KLM DC-10, LLW - AMS.
44 replies: All unread, showing first 25:
 
User currently offlineTonytifao From Brazil, joined Mar 2005, 1024 posts, RR: 0
Reply 1, posted (5 years 11 months 1 week 5 days ago) and read 5666 times:

There is a funny thread a couple of days ago on a kid that wanted to sue the airlines for mental damages because he missed 1 day of school or something of that sort  Smile

User currently offlinePlaneguy727 From United States of America, joined Mar 2007, 1247 posts, RR: 1
Reply 2, posted (5 years 11 months 1 week 4 days 23 hours ago) and read 5615 times:

The headline made me thing this thread was going to be about someone suing a passenger that was happy about air travel.

Given the challenges in the industry right now I wouldn't be surprised for someone to try it...

Have a humor filled day...



I want to live in an old and converted 727...
User currently offlineAWACSooner From United States of America, joined Jan 2008, 1913 posts, RR: 1
Reply 3, posted (5 years 11 months 1 week 4 days 23 hours ago) and read 5617 times:

It's the product of the society we live in...sue first and ask questions later.

User currently offlineEWRCabincrew From United States of America, joined May 2006, 5523 posts, RR: 56
Reply 4, posted (5 years 11 months 1 week 4 days 22 hours ago) and read 5474 times:

It is far easier to be (play) the victim (and for some, lucrative) than it is to take responsibility for your actions, or lack there of.

It is sadly, part of the US culture, to do so.

Quoting AWACSooner (Reply 3):
It's the product of the society we live in...sue first and ask questions later.

 checkmark 



You can't cure stupid
User currently offlineQ120 From Canada, joined Aug 2008, 279 posts, RR: 0
Reply 5, posted (5 years 11 months 1 week 4 days 21 hours ago) and read 5418 times:



Quoting Tonytifao (Reply 1):

what happened with that BTW?
any idea?



However beautiful the strategy, you should occasionally look at the results
User currently offlineMandala499 From Indonesia, joined Aug 2001, 6858 posts, RR: 75
Reply 6, posted (5 years 11 months 1 week 4 days 21 hours ago) and read 5357 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 !
User currently offlineRussianJet From Belgium, joined Jul 2007, 7703 posts, RR: 21
Reply 7, posted (5 years 11 months 1 week 4 days 4 hours ago) and read 4895 times:
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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. ✈
User currently offlinePacNWjet From United States of America, joined Sep 2000, 980 posts, RR: 0
Reply 8, posted (5 years 11 months 1 week 4 days 3 hours ago) and read 4821 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.

 checkmark 

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.


User currently offlineAccess-Air From United States of America, joined Sep 2000, 1939 posts, RR: 12
Reply 9, posted (5 years 11 months 1 week 4 days 3 hours ago) and read 4800 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.


Access-Air



Remember, Wherever you go, there you are!!!!
User currently offlinePITIngres From United States of America, joined Dec 2007, 1144 posts, RR: 13
Reply 10, posted (5 years 11 months 1 week 4 days 2 hours ago) and read 4745 times:



Quoting Access-Air (Reply 9):
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?"

I'd have to disagree. Ambulance chasers thrived long before they were allowed on TV. They just had to spend a little more time handing out business cards.

For a pop-culture example, see the noise-nuisance lawyer (forget the name) in Hailey's "Airport", which was written long before the bottom feeders were allowed to advertise on broadcast media.

Unfortunately, lots of people will take a shot at getting something for (apparently) nothing, especially when their two-bit little ego has been bruised. Never mind whose fault it really was...



Fly, you fools! Fly!
User currently offlineAccess-Air From United States of America, joined Sep 2000, 1939 posts, RR: 12
Reply 11, posted (5 years 11 months 1 week 4 days 2 hours ago) and read 4667 times:



Quoting PITIngres (Reply 10):
I'd have to disagree. Ambulance chasers thrived long before they were allowed on TV. They just had to spend a little more time handing out business cards.

Ahh yes, you are right.....and the other points you made.....The point I made only bolsters this prevailing attitude....ya know?

Access-Air



Remember, Wherever you go, there you are!!!!
User currently offlineKhobar From United States of America, joined Mar 2006, 2379 posts, RR: 3
Reply 12, posted (5 years 11 months 1 week 4 days 2 hours ago) and read 4667 times:



Quoting EWRCabincrew (Reply 4):
It is sadly, part of the US culture, to do so.

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.


User currently offlineRFields5421 From United States of America, joined Jul 2007, 7607 posts, RR: 31
Reply 13, posted (5 years 11 months 1 week 4 days 2 hours ago) and read 4620 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.


User currently offlineLitz From United States of America, joined Dec 2003, 1764 posts, RR: 0
Reply 14, posted (5 years 11 months 1 week 4 days 2 hours ago) and read 4563 times:
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This says it all about today's sue-happy culture.

I run railroad trackcars for a hobby (google "narcoa", you'll see what I'm talking about).

We have had instances where host railroads say they are happy to have us run trackcars in ... say Pennsylvania ... but not New Jersey.

Same railroad, same rules. Why one state and not the other?

Because : "They're too sue-happy over there".

- litz


User currently offlineAFKL From Netherlands, joined Feb 2008, 219 posts, RR: 0
Reply 15, posted (5 years 11 months 1 week 4 days 2 hours ago) and read 4544 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!  Yeah sure


ALLARD.



ALLARD. First flight: KLM DC-10, LLW - AMS.
User currently offlineXtoler From United States of America, joined exactly 7 years ago today! , 953 posts, RR: 0
Reply 16, posted (5 years 11 months 1 week 4 days ago) and read 3776 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
User currently offlineSammyk From United States of America, joined Oct 1999, 1690 posts, RR: 0
Reply 17, posted (5 years 11 months 1 week 4 days ago) and read 3658 times:
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Quoting Tonytifao (Reply 1):
There is a funny thread a couple of days ago on a kid that wanted to sue the airlines for mental damages because he missed 1 day of school or something of that sort

What happened to that? Did it get pulled? If so, why?

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.

Heh, that's what I thought at first glance too!


User currently offlineASEFlyer From United States of America, joined Dec 2006, 163 posts, RR: 0
Reply 18, posted (5 years 11 months 1 week 4 days ago) and read 3649 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.


User currently offlineASEFlyer From United States of America, joined Dec 2006, 163 posts, RR: 0
Reply 19, posted (5 years 11 months 1 week 4 days ago) and read 3615 times:

Anyone have any examples or really ridiculous lawsuits against airlines?

User currently offlineXtoler From United States of America, joined exactly 7 years ago today! , 953 posts, RR: 0
Reply 20, posted (5 years 11 months 1 week 3 days 23 hours ago) and read 3559 times:

I'm sure someone probably tried to sue claiming the flight crew made their flight too bumpy.


EMB145 F/A, F/E, J41 F/A, F/E, because my wife clipped my wings, armchair captain
User currently offlineASEFlyer From United States of America, joined Dec 2006, 163 posts, RR: 0
Reply 21, posted (5 years 11 months 1 week 3 days 23 hours ago) and read 3551 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.

[Edited 2008-10-13 12:36:39]

User currently offlineJOEYCAPPS From Italy, joined Jul 2008, 205 posts, RR: 1
Reply 22, posted (5 years 11 months 1 week 3 days 23 hours ago) and read 3507 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.


User currently offlineMWHCVT From United Kingdom, joined Oct 2008, 708 posts, RR: 0
Reply 23, posted (5 years 11 months 1 week 3 days 23 hours ago) and read 3437 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.  Angry

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. Big grin They didn't even pay for the minimal damage that I did cause  rotfl 



Must think up a new one soon, slow moving brain trying to get into gear ;)
User currently offlineASEFlyer From United States of America, joined Dec 2006, 163 posts, RR: 0
Reply 24, posted (5 years 11 months 1 week 3 days 23 hours ago) and read 3428 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.


25 ASEFlyer : 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
26 Xtoler : 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
27 ASEFlyer : 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
28 Kimberlyrj : 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
29 MWHCVT : 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
30 2175301 : 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
31 Jetblueguy22 : 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
32 ASEFlyer : 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
33 ThirtyEcho : 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
34 EWRCabincrew : 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
35 Hypersonic : 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
36 ASEFlyer : 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
37 SYfan100 : 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
38 Post contains links Aviateur : It is happening with greater frequency because more and more people are flying than ever before, while airline service standards have fallen precipit
39 WNCrew : 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
40 ExFATboy : 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
41 EWRCabincrew : 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
42 EWRCabincrew : Supposed to be big...having problems with the edit feature here.
43 Baron95 : 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
44 ASEFlyer : 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
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