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Woman Sues Airline After Child Screams In Her Ear  
User currently offlineOtnySASLHR From Spain, joined May 2007, 131 posts, RR: 0
Posted (3 years 8 months 3 weeks 1 day 12 hours ago) and read 14340 times:

http://www.dailymail.co.uk/news/worl...lds-plane-scream-deafened-her.html
Saw this in The Daily Mail yesterday, and to be quite frank I am appalled that the airline reached an agreement out of court......
As it is a confidential we'll never know the terms of that agreement.
I just don't understand people anymore....
Tony (disgusted)


oTny
45 replies: All unread, showing first 25:
 
User currently offlineflyingalex From Germany, joined Jul 2010, 1013 posts, RR: 0
Reply 1, posted (3 years 8 months 3 weeks 1 day 12 hours ago) and read 14334 times:

I agree, it's beyond ridiculous. If anything, sue the kid's mother, assuming it really was something to do with noise.

More likely, it was due to inadequate pressure equalisation on her ear.



Public service announcement: "It's" = "it is". To indicate posession, write "its." Looks wrong, but it's correct grammar
User currently offlinetoobz From Finland, joined Jan 2010, 752 posts, RR: 0
Reply 2, posted (3 years 8 months 3 weeks 1 day 11 hours ago) and read 14218 times:

Unreal. I agree. Sue the parents if you're gonna sue someone. Where's the airlines fault and negligence?

User currently offlinedldtw1962 From United States of America, joined May 2009, 393 posts, RR: 0
Reply 3, posted (3 years 8 months 3 weeks 1 day 10 hours ago) and read 13918 times:

Why sue to mother. If it had anything to do with cabin pressure, then the kids ears would hurt like hell. Also, in this case a law suit is just down right dumb. People are just getting to suit happy. I can just see it now. Someone is going to sue Ryan air because they wet themselves trying to find money to use that restroom on the aircraft. What a waste of time and resources.

Chuck


User currently onlineKaiarahi From Canada, joined Jul 2009, 2786 posts, RR: 27
Reply 4, posted (3 years 8 months 3 weeks 1 day 9 hours ago) and read 13804 times:

Quoting flyingalex (Reply 1):
More likely, it was due to inadequate pressure equalisation on her ear.
Quoting dldtw1962 (Reply 3):
Why sue to mother. If it had anything to do with cabin pressure, then the kids ears would hurt like hell.

Umm - the plane was still on the ground.

Quoting OtnySASLHR (Thread starter):
I am appalled that the airline reached an agreement out of court......
As it is a confidential we'll never know the terms of that agreement.

Precisely. She may have received nothing, or some part of her legal fees to go away, which is cheaper than going to court even if Qantas won. The story headline says "payout" but there's nothing in the story to substantiate it.



Note à moi-même - il faut respecter les cons.
User currently offlinetennis69 From Qatar, joined Apr 2007, 392 posts, RR: 0
Reply 5, posted (3 years 8 months 3 weeks 1 day 9 hours ago) and read 13733 times:
Support Airliners.net - become a First Class Member!

This lady should end up on a few no fly lists.

User currently offlineisitsafenow From United States of America, joined Feb 2004, 4984 posts, RR: 24
Reply 6, posted (3 years 8 months 3 weeks 1 day 8 hours ago) and read 13504 times:

Maybe the settlement was as weak at giving the lady her money back and a free trip to wherever she was going when she was ready to travel. It will never be known what the settlement really was.
safe



If two people agree on EVERYTHING, then one isn't necessary.
User currently offlinebthebest From United Kingdom, joined Jan 2008, 492 posts, RR: 0
Reply 7, posted (3 years 8 months 3 weeks 1 day 7 hours ago) and read 12924 times:

I think the most she would have got was medical expenses.

User currently offlineRP TPA From United States of America, joined Oct 1999, 852 posts, RR: 0
Reply 8, posted (3 years 8 months 3 weeks 1 day 7 hours ago) and read 12896 times:

This lady sounds like the American version of Mrs Richards from the classic Fawlty Towers TV show.

User currently offlineDTWPurserBoy From United States of America, joined Feb 2010, 1252 posts, RR: 6
Reply 9, posted (3 years 8 months 3 weeks 1 day 6 hours ago) and read 11993 times:

If someone can come up with a way to make it so that small children--particularly little girls--cannot shriek at that decible level that cuts you in two--AND HOLD THAT SHRIEK, the world will beat a path to your door. That has to be the world's most annoying sound.


Qualified on Concorde/B707/B720/B727/B737/B747/B757/B767/B777/DC-8/DC-9/DC-10/A319/A320/A330/MD-88-90
User currently offlineindolikaa From United States of America, joined Dec 2007, 161 posts, RR: 0
Reply 10, posted (3 years 8 months 3 weeks 1 day 6 hours ago) and read 11537 times:

Quoting MailOnline:
In her lawsuit, the 67-year-old said the toddler’s scream was so loud her ears began to bleed. She was helped off the plane and taken to hospital for treatment and was forced to cut short her holiday.

I did not know that was possible...



Vote for Pedro
User currently offlineVS239 From Hong Kong, joined Jul 2006, 74 posts, RR: 0
Reply 11, posted (3 years 8 months 3 weeks 1 day 5 hours ago) and read 11370 times:

Quoting indolikaa (Reply 15):
I did not know that was possible...

You heard it here first.



Who...me??
User currently offlinefrmrCapCadet From United States of America, joined May 2008, 1688 posts, RR: 1
Reply 12, posted (3 years 8 months 3 weeks 1 day 5 hours ago) and read 10684 times:

It would seem that planes could carry a few of the best quality ear-muff type sound suppressers for these sorts of situations.


Buffet: the airline business...has eaten up capital...like..no other (business)
User currently onlineKaiarahi From Canada, joined Jul 2009, 2786 posts, RR: 27
Reply 13, posted (3 years 8 months 3 weeks 1 day 4 hours ago) and read 10568 times:

Quoting frmrCapCadet (Reply 19):
It would seem that planes could carry a few of the best quality ear-muff type sound suppressers for these sorts of situations.

And how would you determine in advance if/when a child is likely to let loose a scream - this happened on the ground.



Note à moi-même - il faut respecter les cons.
User currently offlineAesma From France, joined Nov 2009, 6094 posts, RR: 9
Reply 14, posted (3 years 8 months 3 weeks 1 day 4 hours ago) and read 10566 times:

Maybe her hearing aids were at a too high amplification ?


New Technology is the name we give to stuff that doesn't work yet. Douglas Adams
User currently onlineKaiarahi From Canada, joined Jul 2009, 2786 posts, RR: 27
Reply 15, posted (3 years 8 months 3 weeks 1 day 4 hours ago) and read 10403 times:

Quoting FlyDeltaJets87 (Reply 20):
Exactly why every legal system needs to adopt the "Loser Pays" for lawsuits, so people who bring on stupid lawsuits have less bargaining room to force the other party to settle to save on legal expenses.

Most common law systems do, but it doesn't help if the plaintiff doesn't have the ability to pay the costs. Many corporations just choose to buy off nuisance suits. What is really needed is for bodies regulating lawyers to come down hard on the bottom-feeders who file frivolous suits to generate buy-offs that they pocket as fees.



Note à moi-même - il faut respecter les cons.
User currently offlinecontrails From United States of America, joined Oct 2000, 1829 posts, RR: 0
Reply 16, posted (3 years 8 months 3 weeks 1 day 4 hours ago) and read 10232 times:

I was surprised to learn that this didn't happen in the US, where I've come to expect such suits.

She may have a claim, but how could it be against the airline? She should have sued the parents.

I can sympathize with her, to a point. On a flight from DFW to DCA a few years ago a little kid kept kicking the back of my seat. I politely asked the parents to stop it, but eventually I grew tired and I got very blunt and told them to stop the kid or face the consequences (to summarize). They stopped him. I didn't consider the airline to be responsible, however.

I hope the suit is tossed. It's absurd.



Flying Colors Forever!
User currently onlineKaiarahi From Canada, joined Jul 2009, 2786 posts, RR: 27
Reply 17, posted (3 years 8 months 3 weeks 1 day 4 hours ago) and read 10156 times:

Quoting contrails (Reply 24):
I was surprised to learn that this didn't happen in the US, where I've come to expect such suits.

It did. She's a Florida resident who sued Qantas in the Federal District Court in LA (even though the alleged incident happened in ASP (Alice Springs).

It would have been unceremoniously tossed out in an Australian court.

[Edited 2010-07-29 10:03:29]


Note à moi-même - il faut respecter les cons.
User currently offlinecaljn From United States of America, joined Oct 2007, 196 posts, RR: 0
Reply 18, posted (3 years 8 months 3 weeks 1 day 4 hours ago) and read 10179 times:

Quoting GeorgiaAME (Reply 14):
My friend, being "politically correct" is no longer necessary, in fact, with the revolution that is brewing here in the States, it is actually frowned upon these days. They say the truth hurts, well so be it.

More evidence of the dumbing down of the culture...people who wish to mitigate or soften the blow of their words hide behind the term "political correctness".
And there is no revolution brewing, only a few people who are angry their candidate lost. (while the rest of us clean up their messes.)
  


User currently offlineFlyDeltaJets87 From , joined Dec 1969, posts, RR:
Reply 19, posted (3 years 8 months 3 weeks 1 day 3 hours ago) and read 9844 times:

Quoting contrails (Reply 24):
She may have a claim, but how could it be against the airline? She should have sued the parents.

Probably because the airline has deeper pockets.

Quoting Kaiarahi (Reply 25):
It did. She's a Florida resident who sued Qantas in the Federal District Court in LA (even though the alleged incident happened in ASP (Alice Springs).

It would have been unceremoniously tossed out in an Australian court.

It should have been unceremoniously tossed out in a US court too.


User currently offlineweb500sjc From United States of America, joined Sep 2009, 691 posts, RR: 0
Reply 20, posted (3 years 8 months 3 weeks 1 day 3 hours ago) and read 9915 times:

Quoting Kaiarahi (Reply 25):
It did. She's a Florida resident who sued Qantas in the Federal District Court in LA (even though the alleged incident happened in ASP (Alice Springs).

that is the frivoulos part!
how was she able to even sue in LA? I would be "ok" with the suit if it was in flordia or austrailia, but LA.

personally i dont like this suit, and think it is frivoulous.



Boiler Up!
User currently offlineHighflier92660 From United States of America, joined Apr 2004, 660 posts, RR: 0
Reply 21, posted (3 years 8 months 3 weeks 1 day 3 hours ago) and read 9855 times:

Oh please. The late Wagnerian soprano Birgit Nilsson could have been singing at full volume and not caused this hearing impediment. Chalk it down to a senior citizen from Florida attempting to embarrass Qantas and make a fast buck in our litigious society.

User currently offlineairlinereporter From United States of America, joined Jun 2010, 78 posts, RR: 0
Reply 22, posted (3 years 8 months 3 weeks 1 day 3 hours ago) and read 9803 times:

The problem is this will motivate other passengers to sue the airlines for things that are not their fault as well.

Looks like it happened on a QantasLink B717, so a bit smaller plane, but still no excuse. Even if the FA's saw the child was disruptive, there is only so much they can do.

Plus appears the lady might have had previous hearing issues. Probably would have been best to bring headphones or ear plugs.

David


User currently offlineKiwiRob From New Zealand, joined Jun 2005, 6625 posts, RR: 3
Reply 23, posted (3 years 8 months 3 weeks 1 day 3 hours ago) and read 9682 times:

Quoting EdIcHc (Reply 18):
While this does not offend me in the least bit as I am not an NZ citizen, it does indicate your lack of knowledge about the people of NZ and their creative capabilities. It also begs the question just what does this kind of remark have to do with the topic in question? To name but a few 'creative' Kiwis (and this off the top from a mere migrant) Dame Kiri Te Kanawa (opera) Peter Jackson (movie director) Hayley Westenra (classical vocalist) Russel Crowe and Sam Neill (actor) for creativity outside of the arts or absence of boringness try Ernest Rutherford or Sir Edmund Hilary or in aviation terms Richard Pearse who as everyone knows down here, was really the first man to achieve powered flight. Not bad for a nation with a boring (sic) population of only 4 million.

Just had to ad you as a respected member after that paragraph  


User currently offlineGBan From , joined Dec 1969, posts, RR:
Reply 24, posted (3 years 8 months 3 weeks 1 day 3 hours ago) and read 9586 times:

Quoting thrufru (Reply 11):
The eardrum is a fascinating part of the anatomy. It is incredibly resilient, yet very fragile. It's very similar to shatttering a glass with a note. If the pitch is just right, it's amazing what can be done. This very well could have been the case.
Quoting indolikaa (Reply 15):
Quoting MailOnline:
In her lawsuit, the 67-year-old said the toddler’s scream was so loud her ears began to bleed. She was helped off the plane and taken to hospital for treatment and was forced to cut short her holiday.

I did not know that was possible...
Quoting VS239 (Reply 17):
You heard it here first.

Is that really possible?

Quoting EdIcHc (Reply 18):
Extremely unlikely. Considering a significant part of my professional training involved Anatomy and Physiology I suspect I am just a tad more knowledgeable on the subject, with all due respect, than you are. Hearing loss associated with exposure to high decibel (not high pitch) sound levels is usually as a result of prolonged exposure and involves damage to the cilia receptors within the cochlea and has nothing to do with damage of the eardrum. Traumatic damage to the eardrum is usually caused by sudden and large pressure changes and in rarer cases by sudden very high decibel sound, certainly beyond the level possible to be generated by a human voice.

That's what I would assume, but I'm not a medical expert.


25 EdIcHc : Well while experience has led me to believe that (almost) nothing is impossible, as I have suggested such a claim has to be treated with a huge amoun
26 EdIcHc : How can a court in LA rule on an incident that occurred in a different sovereign nation? I'm not questioning your post, I just find it strange that a
27 na : I got tinnitus as a result of too much stress my employer put me in. Can I sue him?
28 adam42185 : If only it was possible to sue for that! ...now that I think of it.... this is The USA, there's got to be a way!
29 Post contains images EdIcHc : Or Dame Kiri Te Kanawa!
30 asteriskceo : Now THIS is the kind of sue-happy bull that I don't agree with.
31 leothedog : I'll admit I did not look through all the previous responses. Here's my take on this: Yes, the lady is just looking for some easy cash. I guess she go
32 Kaiarahi : I don't know - aviation / international law is not my field. There is an inter-carrier convention under the auspices of ICAO that allows plaintiffs t
33 tim222 : Are you talking about this specific event because last time I checked Alice Springs and Darwin are in Australia, only a mere 14000km from UK
34 Post contains images GSPflyer : Unfortunately, this is the United States, you can sue for almost ANYTHING. You are almost definitely correct Could she be sued for abusing the legal s
35 Dl767captain : I had ringing in my ears after a kid was screaming my entire flight from PHL to MCO, does that mean I can sue the airline because it used a pressurize
36 contrails15 : How do you sue the parents??????? For god sakes, its a freakin kid and 9 times out of 10 the parent will do everything in there power to calm the chil
37 BlueFlyer : US courts are generally very happy to find the tiniest connection between the US and a random event that otherwise happened entirely in a foreign cou
38 vheca : It seems to be post for rightous comments, and Sir, you are on my respected User list! vheca
39 dldtw1962 : Was the plane doors closed and getting ready for departure. Because before I had tubs placed into my ears. They would hurt at that point when the cabi
40 2707200X : She should sue the parents not the airline, the airline does not babysit children, I was on a flight from SFO to IAD where a baby was crying and screa
41 vheca : I can see the brains clicking over at Airbus....... "A380 is the solution for frivolous litigation.......Children underneath, people who are child-pho
42 legacytravel : No offense taken by me. With all of the suing going on it is not a shock. The pansification of our country continues this makes me ill to read this c
43 Post contains images indolikaa : I think you'd better check your quote button, comrade. I think you meant to quote Reply 13? This is one lawsuit I wish the defendants would have take
44 CXB77L : You're right in that the Montreal Convention allows for plaintiffs to sue in their place of residence. This convention applies for all international
45 ThirtyEcho : We live in this wonderful free society where anybody has the right to go into court and sue anybody else for anything. I've never met you but I could
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