Sponsor Message:
Civil Aviation Forum
My Starred Topics | Profile | New Topic | Forum Index | Help | Search 
Qantas Being Sued Over A330 Plunge  
User currently offlineChrisrad From Australia, joined Dec 2000, 1066 posts, RR: 8
Posted (5 years 8 months 1 week 15 hours ago) and read 15561 times:

Havent seen this being reported here yet:

http://www.theage.com.au/news/news/q...deal/2008/11/06/1225561022459.html

"An elderly Sri Lankan couple who were seriously injured when they were flung from their seats during a Qantas flight that dived mid-air say they embraced each other and feared for their lives during their "terrifying" ordeal.

Sam Samaratunga, 68, and his wife Rani, 62, have hired Melbourne law firm Shine Lawyers in their bid to seek compensation for their medical expenses.

The couple's lawyer, Roger Singh, said Mrs Samaratunga suffered a fractured spine and torn ligaments to her arm.

"The psychological trauma cannot be underestimated, she's suffering ongoing nightmares and flashbacks since this whole thing occurred,"Mr Singh said.

Mr Singh said Mr Samaratunga suffered spinal and back injuries after he was propelled from his seat into the overhead locker.

"The force of the impact was such that he tells me that the locker obliterated and broke all around him.

"Since then he has suffered some pain and discomfort and headaches and the night terrors and trauma is there as well," he said.


Welcome aboard Malaysia Airlines! Winner of Best Cabin Staff 2001,2002,2003,2004,2007,2009,2012
65 replies: All unread, showing first 25:
 
User currently offlineBoeingluvr From , joined Dec 1969, posts, RR:
Reply 1, posted (5 years 8 months 1 week 15 hours ago) and read 15532 times:

If they followed the advisements of the crew members and the signs on seatbacks saying "keep seat belts fastened when seated", I'm sure there would be a lot less injuries... Obviously some people were standing as it is my understanding the seat belt sign was off, but again, they say these things for a reason...

User currently offlineChrisrad From Australia, joined Dec 2000, 1066 posts, RR: 8
Reply 2, posted (5 years 8 months 1 week 15 hours ago) and read 15469 times:



Quoting Boeingluvr (Reply 1):
If they followed the advisements of the crew members and the signs on seatbacks saying "keep seat belts fastened when seated", I'm sure there would be a lot less injuries... Obviously some people were standing as it is my understanding the seat belt sign was off, but again, they say these things for a reason...

Agreed, but what if you were one of the unfortunate ones who were on their way to or from the toilet?



Welcome aboard Malaysia Airlines! Winner of Best Cabin Staff 2001,2002,2003,2004,2007,2009,2012
User currently onlineEA CO AS From United States of America, joined Nov 2001, 13469 posts, RR: 62
Reply 3, posted (5 years 8 months 1 week 14 hours ago) and read 15388 times:
Support Airliners.net - become a First Class Member!

From the article:

Mr Singh said he has suggested a figure to Qantas but would not comment on any specific financial amounts.

Suggested a figure, eh? Mighty benevolent of him - "Give us X amount, and this all just goes away!"  sarcastic 



"In this present crisis, government is not the solution to our problem - government IS the problem." - Ronald Reagan
User currently offlineSandyb123 From UK - Scotland, joined Oct 2007, 1067 posts, RR: 0
Reply 4, posted (5 years 8 months 1 week 14 hours ago) and read 15298 times:
Support Airliners.net - become a First Class Member!



Quoting Chrisrad (Reply 2):
Agreed, but what if you were one of the unfortunate ones who were on their way to or from the toilet?

Or worse still, on the toilet!

Quoting Chrisrad (Thread starter):
Mr Singh said Mr Samaratunga suffered spinal and back injuries after he was propelled from his seat into the overhead locker.

This would suggest he was in his seat without his seatbelt on. Whilst this was a terrible incident, I doubt a suit will come to anything. The clients didn't follow safety advise given to them and the aircraft was 'hit' by / suffered a freak event that Qantas couldn't have predicted or prevented (???).

I often think that safety advise is given out more to cover the operators back than to actually provide safety.

Sandyb123



DC3, 727, 737, 744, 753, 777, A32X, A345, A388, ERJ145, E190, BaE146, D328, ATR72, Q400
User currently offlineBoeingluvr From , joined Dec 1969, posts, RR:
Reply 5, posted (5 years 8 months 1 week 14 hours ago) and read 15282 times:



Quoting Chrisrad (Reply 2):
Agreed, but what if you were one of the unfortunate ones who were on their way to or from the toilet?

Ahh yes true, but different story. I fly a lot and always keep my seatbelt fastened when I sit down. I've seen members of flight crew almost hit the the overhead and even get thrown into rows before. It really pays off to follow their advice. If many of the claims people had had their seat belts done up, who were still sitting, then there would be less claims in my opinion.


User currently offlineSmi0006 From Australia, joined Jan 2008, 1524 posts, RR: 0
Reply 6, posted (5 years 8 months 1 week 14 hours ago) and read 15270 times:



Quoting Boeingluvr (Reply 1):
If they followed the advisements of the crew members and the signs on seatbacks saying "keep seat belts fastened when seated", I'm sure there would be a lot less injuries... Obviously some people were standing as it is my understanding the seat belt sign was off, but again, they say these things for a reason...



Quoting Chrisrad (Reply 2):
Agreed, but what if you were one of the unfortunate ones who were on their way to or from the toilet?

This is all true but according to the complete article the couple claim there seatbelts broke:
(Sam Samaratunga, 68, and his wife Rani, 62, say they were thrown around the cabin when their seatbelts broke apart and suffered serious injuries during the flight from Singapore to Perth last month.)http://news.ninemsn.com.au/article.aspx?id=661220

I would assume this was highly unlikely (and must confess I doubt this claim, sees a nice way to cover up they fact it was undone.) but an easy enough claim to validate. I wonder though if it does prove to be true who is to blame QF maintenance of the seatbelt, or the manufactures.
The QF has also apparently offered to pay all the couples expenses once the couple have been treated, the couple have rejected this and require it paid up front ;
"They said you need to send bills to us and then our insurance company will decide if they will pay them," he said.

Mr Singh rejected Qantas' offer to reimburse the couple's expenses.

He said public health was poorly funded and expensive in Sri Lanka and that Qantas should pay all expenses in advance, including those of Ms Samaratunga's 87-year-old mother, for whom she is the sole carer.

The airline said it had provided reimbursement of medical expenses and ex-gratia payments.

"We have provided immediate and ongoing support for all customers - those who were injured and those who were not," Qantas Group General Manager Customer Product and Service Lesley Grant said in a statement.

Interesting but not an unexpected development. I am most curious to the out come.


User currently offlineGST From United Kingdom, joined Jun 2008, 930 posts, RR: 0
Reply 7, posted (5 years 8 months 1 week 13 hours ago) and read 15158 times:

If the seatbelt broke it would surely be on the aircraft maintenance log as next flight they would not be allowed to put pax in that seat unless it was fixed (and if it want noticed the pax put there would kick up a fuss). Might be true, might not. Easy enough to refute if it is a fabrication.

User currently offlineBabybus From , joined Dec 1969, posts, RR:
Reply 8, posted (5 years 8 months 1 week 13 hours ago) and read 15130 times:

Some people just try it on, hoping to get some cash or some free flights out of it.

Most airlines tell you to keep your belt fastened during the flight, and having encountered very severe turbulence once before, I now always keep my belt on.


User currently offlineGarethW From New Zealand, joined Apr 2006, 308 posts, RR: 0
Reply 9, posted (5 years 8 months 1 week 12 hours ago) and read 15026 times:



Quoting Chrisrad (Thread starter):
Sam Samaratunga, 68, and his wife Rani, 62, have hired Melbourne law firm Shine Lawyers in their bid to seek compensation for their medical expenses.

Shine Lawyers are one of those 'no win, no fee' outfits I believe. If it is the case that the pax were in their seats without seatbelts on, no fee for Mr Singh I would imagine.



How good is it?
User currently offlineQANTAS077 From Australia, joined Jan 2004, 5850 posts, RR: 40
Reply 10, posted (5 years 8 months 1 week 12 hours ago) and read 14990 times:



Quoting GarethW (Reply 9):
If it is the case that the pax were in their seats without seatbelts on, no fee for Mr Singh I would imagine.

they'll have a case and they will win it..end of discussion, it seems the a/c dropped due to malfunction and not an act of god or weather.



a true friend is someone who sees the pain in your eyes, while everyone else believes the smile on your face.
User currently offlineMD80Nut From United States of America, joined Jul 2003, 892 posts, RR: 9
Reply 11, posted (5 years 8 months 1 week 7 hours ago) and read 14052 times:



Quoting Sandyb123 (Reply 4):
I often think that safety advise is given out more to cover the operators back than to actually provide safety.

While I think some of that is true, I was on a flight many years ago that experienced severe unexpected turbulence. While no one actually hit their heads on the overhead bins, I saw numerous passengers, not wearing their seat belt, come quite close to doing so as they were thrown up from their seats. It was during meal service and I saw the flight attendant and cart go up and come crashing down, drinks going all over the place. Fortunately there were no serious injuries, though several people bruised arms and legs as they came down. I was wearing my seatbelt and was not thrown up, though the top of my feet hit the bottom of the seat in front of me as they were thrown up and were a bit sore. Those who did not have their seatbelt on were quite fortunate it wasn't as severe as the Qantas incident.

My point is that the safety advice to wear your seatbelt while in your seat is there for a very good reason besides the airline covering their butt. It's to protect passengers in the event of incidents like that. My seat belt kept me on my seat, I took the advice and it worked. I'm always buckled up when at I'm my seat.

Cheers, Ralph



Fly Douglas Jets DC-8 / DC-9 / DC-10 / MD80 / MD11 / MD90 / 717
User currently offlineTylerDurden From United States of America, joined May 2008, 852 posts, RR: 0
Reply 12, posted (5 years 8 months 1 week 6 hours ago) and read 13752 times:



Quoting EA CO AS (Reply 3):
Suggested a figure, eh? Mighty benevolent of him - "Give us X amount, and this all just goes away!"

Most settlements start that way. You rarely, if ever, wait for the insurance company to make the first move. It puts you in a bad bargaining position.

Quoting Sandyb123 (Reply 4):
I doubt a suit will come to anything.

Wrong.

Quoting GarethW (Reply 9):
If it is the case that the pax were in their seats without seatbelts on, no fee for Mr Singh I would imagine.

Wrong again.


User currently offlineBurnsie28 From United States of America, joined Aug 2004, 7525 posts, RR: 8
Reply 13, posted (5 years 8 months 1 week 6 hours ago) and read 13753 times:

I'm sure that Qantas has the same policy as NW, "It is NW policy that you keep your seatbelt required while seated" therefore, to me that negates them from any injuries while seated if you don't have your seatbelt on.


"Some People Just Know How To Fly"- Best slogan ever, RIP NW 1926-2009
User currently offlineFaustino927 From United States of America, joined Mar 2006, 263 posts, RR: 0
Reply 14, posted (5 years 8 months 1 week 6 hours ago) and read 13726 times:

OK obviously they did not have their seatbelts on. Always listen to the crew and keep your seat belt on at ALL times while you are in your seat. These things are unexpoected and this accident could have been avoided.


Obsessed is just a word the lazy use to describe the dedicated.
User currently offlineTdscanuck From Canada, joined Jan 2006, 12709 posts, RR: 80
Reply 15, posted (5 years 8 months 1 week 6 hours ago) and read 13623 times:



Quoting QANTAS077 (Reply 10):
they'll have a case and they will win it..end of discussion, it seems the a/c dropped due to malfunction and not an act of god or weather.

The nature of the malfunction basically makes it an act of god...it was completely unforeseen and basically unforseeable. Qantas was just as surprised as the passengers. I'm surprised they didn't go after Airbus instead. Qantas already offered to cover their costs, which the passengers are entitled to, but beyond that they don't have much of an ethical case. Legally, on the other hand, who knows...

Tom.


User currently offlineLucianflyboy From St. Lucia, joined Jun 2005, 211 posts, RR: 0
Reply 16, posted (5 years 8 months 1 week 6 hours ago) and read 13416 times:



Quoting Smi0006 (Reply 6):
(Sam Samaratunga, 68, and his wife Rani, 62, say they were thrown around the cabin when their seatbelts broke apart and suffered serious injuries during the flight from Singapore to Perth last month.)

Highly Unlikely!!!

Quoting GST (Reply 7):
If the seatbelt broke it would surely be on the aircraft maintenance log as next flight they would not be allowed to put pax in that seat unless it was fixed

 checkmark 

'Ladies and gentle man, the captain has turned off the fasten seat belt sign. For your safety and the safety of those around you, please keep your seat belts on while seated, in the event of unexpected turbulance'

'If you plan to sleep on the flight today, please fasten your seat belt on the outside of your blanket or jacket, so we won't have to wake you to do seat belt checks'

I didn't need my manual for those announcements. Some people just don't care and will do what they want regardless of recommendations from the crew. I've been shaken up like a martini in the back of many planes. NOT FUN! When I fly my seat belt is always on because I know better, no matter how long or how smooth the flight is. I was on a AA 727 (back in the day) from DFW - ATL when we plungged atleast 300 feet due to clear air turnbulance. There was not a cloud in sight and it had been a completely smooth flight. Poor flight attendant had to jump into an empty seat!


User currently offlineReadytotaxi From United Kingdom, joined Dec 2006, 3151 posts, RR: 2
Reply 17, posted (5 years 8 months 1 week 6 hours ago) and read 13237 times:



Quoting Sandyb123 (Reply 4):
Or worse still, on the toilet!

Is there a case for airlines to offer a toilet lap strap?



you don't get a second chance to make a first impression!
User currently offlineBuyantUkhaa From Mongolia, joined May 2004, 2856 posts, RR: 3
Reply 18, posted (5 years 8 months 1 week 5 hours ago) and read 12995 times:



Quoting Readytotaxi (Reply 17):

Is there a case for airlines to offer a toilet lap strap?

That would keep you in place, but not whatever is below you...



I scratch my head, therefore I am.
User currently offlineLucianflyboy From St. Lucia, joined Jun 2005, 211 posts, RR: 0
Reply 19, posted (5 years 8 months 1 week 5 hours ago) and read 12569 times:



Quoting BuyantUkhaa (Reply 18):
That would keep you in place, but not whatever is below you...

 rotfl   rotfl   rotfl   vomit   vomit   vomit   vomit 


User currently offlineBirdseed From United Kingdom, joined Nov 2006, 57 posts, RR: 0
Reply 20, posted (5 years 8 months 1 week 5 hours ago) and read 12477 times:



Quoting Sandyb123 (Reply 4):
I often think that safety advise is given out more to cover the operators back than to actually provide safety.

Well then this case proves precisely that is not the case. The advice clearly is about safety. Had those people taken heed of wise words they would have been safer.


User currently offlineDL767captain From United States of America, joined Mar 2007, 2539 posts, RR: 0
Reply 21, posted (5 years 8 months 1 week 5 hours ago) and read 12422 times:



Quoting Chrisrad (Thread starter):
An elderly Sri Lankan couple who were seriously injured when they were flung from their seats

Isn't that why you are asked to keep your seat belts fastened even if the light is off? PErsonally i don't really see why they can sue for this. My mom isn't exactly happy about turbulence so should she be able to sue because it made her scared? This just seems pretty ridiculous to me


User currently offlineSebjacques92 From United Kingdom, joined Jun 2007, 138 posts, RR: 0
Reply 22, posted (5 years 8 months 1 week 5 hours ago) and read 12315 times:



Quoting Lucianflyboy (Reply 16):
'Ladies and gentle man, the captain has turned off the fasten seat belt sign. For your safety and the safety of those around you, please keep your seat belts on while seated, in the event of unexpected turbulance'

You need to respect the safety announcements and in this case the couple failed to do and it resulted in them getting hurt. Im on Qantas's side here as they would have undoubtably issued the safety announcements on board so it is the fault of the couple to fail following these announcements.

Of course if it was a seat belt malfunction then Qantas should take responsibility but i can't imagine this as they are pretty tough.

Seb  airplane 


User currently offlineQFFlyer From Australia, joined Jun 2005, 370 posts, RR: 0
Reply 23, posted (5 years 8 months 1 week 2 hours ago) and read 12231 times:



Quoting TylerDurden (Reply 12):
Quoting Sandyb123 (Reply 4):
I doubt a suit will come to anything.

Wrong.

Quoting GarethW (Reply 9):
If it is the case that the pax were in their seats without seatbelts on, no fee for Mr Singh I would imagine.

Wrong again.

Care to justify your repsonse as "wrong" and "wrong again" aren't telling us anything. I expect that if you are able to tell us this with certainty, your legal knowledge of aviation in Australia, and in particular to this situation would be most interesting to us readers.

Cheers


User currently offlineTWAL1011727 From United States of America, joined Mar 2006, 622 posts, RR: 0
Reply 24, posted (5 years 8 months 1 week 1 hour ago) and read 12231 times:

Is it possible that all the rampant speculations be put aside til after all the "facts" are presented.

This is a one-sided story.

Qantas either did not respond or the article did not print their response.

They could have presented their account of what happened on a different site.

Quoting QANTAS077 (Reply 10):
it seems the a/c dropped due to malfunction and not an act of god or weather.

Not stated in the article.

Care should be taken with what you say , even speculation , since this could be
privileged Qantas info, especially if your employed at Qantas.

KD


25 777fan : More like, "ladies and gentlemen, please keep your seatbelt fastened for your safety in the event a flight control computer malfunctions and throws t
26 GarethW : Second that notion. I have no issue with being corrected, but do require an explanation of why I'm 'wrong'. GW
27 SunriseValley : [ The cause is known and I am sure all within the industry are aware of it. Thus the knowledge of the cause is not confined to QF. Thus I see no privi
28 SFOnative : While I don't doubt the passengers were injured and received quite the scare, I believe the situation is being sensationailzed to a degree.
29 Sandyb123 : Yes, me too. What's your grounds Fight Club? Slightly arrogant, especially as you probably don't know GarethW or my backgrounds. Sandyb123
30 QFYMML : If they do it will only prove the old adage that there's no justice in the legal system. Money grubbing litigious culture at it's worst.
31 1821 : Every1 these days wants the easy money option.
32 777fan : Well, after riding out a 6.7 earthquake in my 31st floor apartment for about thirty seconds, I suffered many of the same symptoms that these pax did.
33 Post contains links QANTAS077 : you mean to tell me that even if they were seated with belts on that they wouldn't have suffered injury? the seatbelt being on or off is not the poin
34 F27friend : I'm with you on this one. It is said enough times, prior to flight and inflight (during the IFE) but the message does not get through. I was on a CO
35 Smi0006 : I wonder what the case is being based on though, their claim their seatbelts failed or their injuries regarless of the statues of their seatbelts (fas
36 Ikramerica : While I always keep my seatbelt on, I would still considering suing for medical bills if I was injured during a flight and the injuries were cause by
37 QFYMML : Don't dispute the seriousness of their injuries at all but based on the information in a previous post... It seems like QF have already made payments
38 DingDong : If the injured passengers in question were seated and chose to disregard (or otherwise effectively ignore) the airline's pre-flight recommendation of
39 Zkpilot : The ones walking about the cabin are a separate issue to this couple who were in their seats. It is Qantas policy that all passengers have their seat
40 WunalaYann : What this story is telling me is that we need to change the "seatbelt sign on/seatbelt sign off" system into something that actually spells out the co
41 EK413 : QF is being sued for the amount of $100,000... Agreed 100% Agreed 100% Just curious to know if this is the beginning of a lawsuit from the remaining
42 EDICHC : The extent of injuries while significant for the persons concerned, have no bearing in establishing liability. I think you will find that in civil la
43 TravellerPlus : From memory, Qantas screw say that it is a "Qantas requirement" to keep your seat belt on at all times in the safety briefing. Then, when the seat be
44 HZ747300 : I agree with this. And I do agree that they should be compensated for their medical expenses because it was a fault with the airline (it's the plane'
45 Smi0006 : I presume the QF mainline PAs were the same as the ones over at the link; Safety Demo Ladies and gentlemen it is important that you are familiar with
46 SFOnative : Point taken, but what does this have to do with what I pointed out in my comment? I was referring to the "locker" or overhead bin which apparently sh
47 TravellerPlus : A friend e-mailed me some graphic interior pictures of QF72. They clearly showed lockers with doors ripped off, broken toilet seats, holes in ceiling
48 Readytotaxi : At least it would be yours.
49 WunalaYann : Understood. That's my point, though. The seatbelt sign should never be off. There should be another sign, on top of it, that says "you can move aroun
50 Avek00 : It's worth remembering that, as an international flight, either the Warsaw or Montreal Conventions apply. If the experience of the plaintiffs is deeme
51 Zkpilot : It is a Qantas requirement, it is announced as such to the passengers several times. In aviation it IS A LEGAL requirement that passengers follow any
52 AirNZ : Quite a generalisation there, and particularly showing you really don't know how things work in reality. Equally, the pax are asking for compensation
53 GarethW : Please don't patronize me, along with other posters who share their opinions. It's childish and doesn't contribute positively to the thread. Let's ju
54 QANTAS077 : ok..so lets say the passenger undid their seat-belt at the very time the incident occurred with the vision of getting up and going to the toilet, the
55 Ikramerica : Ding, ding, ding. As I said above, if an airline wants you to keep your belt on at all times, then they should have a visible cue signifying that, on
56 Zkpilot : Well thats just picking at red herrings now isn't it?! If they are standing (even if it is where their seat is) then they are ok because they aren't
57 SunriseValley : In the event that a lawsuit was launched and came to trial and If the fault was proven to be that of Airbus, and the plaintiff's do not name Airbus i
58 TG992 : Unbelievable that some should jump in with their holier-than-thou condemnation of this elderly, inexperienced couple before even reading the article p
59 Post contains images DingDong : Oh, please. My own parents are elderly, but that does not make them any less intelligent than when they were younger. They understand the concept of
60 DL767captain : Even with a fractured spine why on earth would i sue the airline? That just doesn't make any sense, it's in no way the airline's fault that the plane
61 Gemuser : Wouldn't bet on this, maybe your right, maybe not. Under Oz law negileance HAS to be established before the claim can proceede. The Conventions may a
62 Trex8 : if it were in the US some lawyer will argue that the airline should have made sure their belts were on. after all individuals bear no responsibility
63 Ikramerica : Equipment malfunction is not an act of God. Now, is it QF or Airbus at fault? That's for the courts to decide, but from all accounts, this incident w
64 Gemuser : It COULD be an act of god. Depends on circumstances, not making any comment about the current case, but if the equipment malfunction could not REASON
65 DL767captain : Haha it will turn in to disney land where they have to check everyone's belt before they leave!
Top Of Page
Forum Index

This topic is archived and can not be replied to any more.

Printer friendly format

Similar topics:More similar topics...
Qantas 747SP's Being Dropped For A330's?! posted Wed Dec 5 2001 23:35:25 by EGFF
CO Being Sued By Passenger Due To FA Harrasment posted Thu Jul 17 2008 16:48:15 by Dutchflyboi
Why Qantas 747 Towed Over To Southside LAX posted Fri May 2 2008 10:35:29 by Access-Air
B6, TSA Sued Over Arabic T-shirt Incident posted Fri Aug 10 2007 19:00:52 by PROSA
Qantas Rejects Take Over Bid posted Wed Dec 13 2006 00:21:32 by Planemanofnz
Cessna Being Sued For 25 Million posted Tue Oct 10 2006 02:25:30 by Virgin747
Jennifer Lopez Sued Over Jet Bills posted Sat Oct 7 2006 05:04:50 by FlyingTexan
Southwest/Boeing Being Sued? posted Tue Apr 11 2006 10:03:48 by BoeingFever777
Bombardier, GE Sued Over 2004 NW Crash posted Wed Jan 11 2006 00:22:59 by Premobrimo
Hooters Air Being Sued posted Thu Jun 16 2005 03:52:05 by Garnetpalmetto