Just another law suit

[samanthasays]

I just read this article: www.yahoo.com/travel/man-sues-southwest-for-being-hit-by-baggage-109214482422.html and was surprised at Yahoo's poll results. 

It sounds like the guy was in a ton of pain and had some serious injuries. $34k for pain and suffering doesn't seem like a lot to me when we are talking about a back injury. Anyway I wanted to see what TB ladies thought. Maybe I am totally off base, or maybe Yahoo poll takers are. 

[pismoduo]

I'm curious what all the people who voted No had to say.

I think he's not asking for that much, in the scheme of things. And while they're not necessarily at fault, it did happen on their plane and they probably should have caught the fact that the bag was oversized (assuming it was).

[Unknown]

Just based on the article I didn't find any true negligence. Accidents happen, and I don't think it should be standard practice to sue somebody whenever you get hurt. It sounds like he was seriously injured and I feel bad, but it wasn't due to negligence on the airlines part. I don't have a law degree, it's just my opinion based on the article.

[pismoduo]

Jan 27, 2015 13:31:09 GMT -5 Unknown said:

Just based on the article I didn't find any true negligence. Accidents happen, and I don't think it should be standard practice to sue somebody whenever you get hurt. It sounds like he was seriously injured and I feel bad, but it wasn't due to negligence on the airlines part. I don't have a law degree, it's just my opinion based on the article.

That's a good point, I hadn't thought of it that way.

I would have thought that an airline would have insurance to cover little accidents like this. Kind of like how you have insurance for your car even though accidents can happen without any negligence.

[becwheat]

If the injuries are truly as described I think medical expenses and pain and suffering in the amount asked for is not outrageous.

[getzystark]

Jan 27, 2015 13:33:06 GMT -5 pismoduo said:

Jan 27, 2015 13:31:09 GMT -5 Unknown said:

Just based on the article I didn't find any true negligence. Accidents happen, and I don't think it should be standard practice to sue somebody whenever you get hurt. It sounds like he was seriously injured and I feel bad, but it wasn't due to negligence on the airlines part. I don't have a law degree, it's just my opinion based on the article.

That's a good point, I hadn't thought of it that way.

I would have thought that an airline would have insurance to cover little accidents like this. Kind of like how you have insurance for your car even though accidents can happen without any negligence.

THIS^^

[samanthasays]

I think the issue came from the flight attendant assisting with loading the bag. Delta's policy is they cannot assist, probably for this very reason. I feel so bad for the guy, I mean you're just sitting there and all of a sudden a suitcase falls on you, that sucks! And back pain is no joke. $34k in pain and suffering just doesn't scream "greedy frivolous lawsuit" to me.

[sister13]

I don't think it's so outrageous if he really suffered the extent of injuries described AND the flight attendant was involved and should have known better or policy dictated it should have been handled differently (which is sounds like from the article). Obviously, we never get all the details and that's why there are actual judges and not just internet polls to determine these things.

I can't say for sure whether I would try to sue, but if I was sitting somewhere minding my own business, and an airline employee dropped a bag on my head that required thousands of dollars in medical expenses and was likely to cause me lifelong pain and restriction from activities I would be able to enjoy absent that injury - then, yes, I might look into it.

If the flight attendant was NOT involved, and just some idiot passenger did it, I don't know if the airline would be liable but the injured party could maybe bring a claim against the person who dropped the bag. (IDK, I'm not a lawyer.)

Anyway, accidents DO happen every day, but sometimes someone is liable for causing them.

[Unknown]

Jan 27, 2015 13:30:50 GMT -5 pismoduo said:

I'm curious what all the people who voted No had to say.

I think he's not asking for that much, in the scheme of things. And while they're not necessarily at fault, it did happen on their plane and they probably should have caught the fact that the bag was oversized (assuming it was).

That's it though, there is no mention of the bag being oversized. I think if it was stated that the bag was oversized/weight or the flight attendant was not performing her duty as trained my vote would be yes, but based on the article it sounded like an accident.

[pismoduo]

Jan 27, 2015 13:45:07 GMT -5 Unknown said:

Jan 27, 2015 13:30:50 GMT -5 pismoduo said:

I'm curious what all the people who voted No had to say.

I think he's not asking for that much, in the scheme of things. And while they're not necessarily at fault, it did happen on their plane and they probably should have caught the fact that the bag was oversized (assuming it was).

That's it though, there is no mention of the bag being oversized. I think if it was stated that the bag was oversized/weight or the flight attendant was not performing her duty as trained my vote would be yes, but based on the article it sounded like an accident.

I was basing the oversized thing on a line from the article:
"The suit faults the airline for allowing a passenger to carry a piece of luggage on board that was too large for the overhead bin, as well as failing to properly train the flight attendant for how to deal with luggage in overstuffed bins."

Of course the article doesn't provide the evidence that this was the case, but it seems he is basing his suit on both the overweight bag and the fact that the flight attendant wasn't trained properly.

[Unknown]

Jan 27, 2015 13:47:51 GMT -5 pismoduo said:

Jan 27, 2015 13:45:07 GMT -5 Unknown said:

That's it though, there is no mention of the bag being oversized. I think if it was stated that the bag was oversized/weight or the flight attendant was not performing her duty as trained my vote would be yes, but based on the article it sounded like an accident.

I was basing the oversized thing on a line from the article:
"The suit faults the airline for allowing a passenger to carry a piece of luggage on board that was too large for the overhead bin, as well as failing to properly train the flight attendant for how to deal with luggage in overstuffed bins."

Of course the article doesn't provide the evidence that this was the case, but it seems he is basing his suit on both the overweight bag and the fact that the flight attendant wasn't trained properly.

Can I sue my elementary school teachers for not properly teaching me reading comprehension?

[pismoduo]

Jan 27, 2015 13:49:33 GMT -5 Unknown said:

Jan 27, 2015 13:47:51 GMT -5 pismoduo said:

I was basing the oversized thing on a line from the article:
"The suit faults the airline for allowing a passenger to carry a piece of luggage on board that was too large for the overhead bin, as well as failing to properly train the flight attendant for how to deal with luggage in overstuffed bins."

Of course the article doesn't provide the evidence that this was the case, but it seems he is basing his suit on both the overweight bag and the fact that the flight attendant wasn't trained properly.

Can I sue my elementary school teachers for not properly teaching me reading comprehension?

Only if I can sue mine... Oy. I just spent a full minute typing out a snarky response about pain and suffering and out of pocket expenses, only to realize you were kidding. Time for another cup of coffee.

[joy]

I have a far more logistical question. If you're seated in the aisle row and a bag falls, your head is several inches away from the edge of the overhead and well under the bulkhead. I can't see how a bag fell on his head or back UNLESS he was leaning over in his seat (like, looking for something under the seat in front of him) or leaning out into the aisle. But how are you leaning out into the aisle if two people are trying to shove bags over your head? It's instinctive to pull your head in to avoid something falling on you.

Help. Who can see what happened clearly in their head?

That aside - I think the airline industry needs to take some responsibility for the overhead wars they have caused. They "unbundled" tickets so that you have to pay for everything (checked bag, food on plane) piece-wise now. Fine - lower price on a ticket sells more tickets. But, this has resulted in people pulling larger and larger baggage on to planes, shoving them in already crammed overheads, bags they cannot possibly lift and no one to help them. The whole scene is a farking mess.


EDIT: Alas - on Southwest your bag flies free.  So, y'know, my rant is against all the other airlines :-)

[sister13]

I love Southwest.

Also I'm no physicist, but, say the bag was weighted, couldn't it sort of roll if it was top heavy and kind of angle in towards the seating area when it falls, instead of out into the aisle?

[sister13]

Lol, say you have an African swallow. And it carries a coconut.

But african swallows aren't migratory!!

[pismoduo]

Jan 27, 2015 13:52:23 GMT -5 joy said:

I have a far more logistical question. If you're seated in the aisle row and a bag falls, your head is several inches away from the edge of the overhead and well under the bulkhead. I can't see how a bag fell on his head or back UNLESS he was leaning over in his seat (like, looking for something under the seat in front of him) or leaning out into the aisle. But how are you leaning out into the aisle if two people are trying to shove bags over your head? It's instinctive to pull your head in to avoid something falling on you.

Help. Who can see what happened clearly in their head?

That aside - I think the airline industry needs to take some responsibility for the overhead wars they have caused. They "unbundled" tickets so that you have to pay for everything (checked bag, food on plane) piece-wise now. Fine - lower price on a ticket sells more tickets. But, this has resulted in people pulling larger and larger baggage on to planes, shoving them in already crammed overheads, bags they cannot possibly lift and no one to help them. The whole scene is a farking mess.


EDIT: Alas - on Southwest your bag flies free.  So, y'know, my rant is against all the other airlines :-)

Depends on the plane. I've seen some smaller planes (with smaller overhead bins) where the aisle seat isn't entirely under the overhead bin.

I also wonder if, because two people were trying to get it in there, it sort of ricocheted off one of them on its way down? Like instead of just falling straight out into the aisle, it started to fall, someone tried to stop it, but instead ended up knocking it toward the seating area?

[joy]

Jan 27, 2015 14:05:49 GMT -5 sister13 said:

I love Southwest.

Also I'm no physicist, but, say the bag was weighted, couldn't it sort of roll if it was top heavy and kind of angle in towards the seating area when it falls, instead of out into the aisle?

I guess I could see this hitting his shoulder if he was seated upright.  I can totally see how it would hit and cause bad damage if he was leaning over.  But, I'm struggling a bit with how his injuries match with how the bag fell and where it hit him.  They are vague in the article but I'm sure the details are not.  So, I'm just curious.

[samanthasays]

joy the comments for the article were great, a lot of people advocated no bag fees but also no bags as carry on. So the overhead would ONLY be for jackets and hats (which actually sounds amazing in the winter), and your small personal item goes below the seat in front of you. As a frequent flier I must say that would be amazing if it could be implemented. Boarding and De-planing would be SOO much faster!

[joy]

Jan 27, 2015 14:08:47 GMT -5 pismoduo said:

Depends on the plane. I've seen some smaller planes (with smaller overhead bins) where the aisle seat isn't entirely under the overhead bin.

I also wonder if, because two people were trying to get it in there, it sort of ricocheted off one of them on its way down? Like instead of just falling straight out into the aisle, it started to fall, someone tried to stop it, but instead ended up knocking it toward the seating area?

Southwest only flies 737s.  So, he was on a sizeable plane; not a little regional jet.

EDIT: I just finished reading a book about airlines, pilots, etc...  this was one little tidbit I learned from the book!

[ghostmonkey]

Jan 27, 2015 14:10:09 GMT -5 samanthasays said:

joy the comments for the article were great, a lot of people advocated no bag fees but also no bags as carry on. So the overhead would ONLY be for jackets and hats (which actually sounds amazing in the winter), and your small personal item goes below the seat in front of you. As a frequent flier I must say that would be amazing if it could be implemented. Boarding and De-planing would be SOO much faster!

For anything over 90 minutes- DNW

[pismoduo]

Jan 27, 2015 14:10:09 GMT -5 samanthasays said:

joy the comments for the article were great, a lot of people advocated no bag fees but also no bags as carry on. So the overhead would ONLY be for jackets and hats (which actually sounds amazing in the winter), and your small personal item goes below the seat in front of you. As a frequent flier I must say that would be amazing if it could be implemented. Boarding and De-planing would be SOO much faster!

I am all for this as long as my small personal item can include a laptop bag. It would still fit easily under the seat, but would make it so much easier to travel for work without having to worry about my laptop getting damaged in my checked bag.

[pismoduo]

Jan 27, 2015 14:10:28 GMT -5 joy said:

Jan 27, 2015 14:08:47 GMT -5 pismoduo said:

Depends on the plane. I've seen some smaller planes (with smaller overhead bins) where the aisle seat isn't entirely under the overhead bin.

I also wonder if, because two people were trying to get it in there, it sort of ricocheted off one of them on its way down? Like instead of just falling straight out into the aisle, it started to fall, someone tried to stop it, but instead ended up knocking it toward the seating area?

Southwest only flies 737s.  So, he was on a sizeable plane; not a little regional jet.

EDIT: I just finished reading a book about airlines, pilots, etc...  this was one little tidbit I learned from the book!

Interesting, I didn't know that. I usually fly Alaska/Delta, and they have such a range of sizes depending on where you're going.

[squeakyduck]

[Source] joy said:

I have a far more logistical question. If you're seated in the aisle row and a bag falls, your head is several inches away from the edge of the overhead and well under the bulkhead. I can't see how a bag fell on his head or back UNLESS he was leaning over in his seat (like, looking for something under the seat in front of him) or leaning out into the aisle. But how are you leaning out into the aisle if two people are trying to shove bags over your head? It's instinctive to pull your head in to avoid something falling on you.

Help. Who can see what happened clearly in their head?

That aside - I think the airline industry needs to take some responsibility for the overhead wars they have caused. They "unbundled" tickets so that you have to pay for everything (checked bag, food on plane) piece-wise now. Fine - lower price on a ticket sells more tickets. But, this has resulted in people pulling larger and larger baggage on to planes, shoving them in already crammed overheads, bags they cannot possibly lift and no one to help them. The whole scene is a farking mess.


EDIT: Alas - on Southwest your bag flies free.  So, y'know, my rant is against all the other airlines :-)

Even with Southwest's free baggage, people don't trust them and baggage claim is a PITA, so people still try to bring everything with them.

[sister13]

Jesus, what is happening to me. I just googled and I am NOT going back to look at the exact plane diagram, but several images show the possibility of a bag falling on someone in the aisle seats:



However, this looks like a lawsuit waiting to happen:

[joy]

Jan 27, 2015 14:13:19 GMT -5 pismoduo said:

Interesting, I didn't know that. I usually fly Alaska/Delta, and they have such a range of sizes depending on where you're going.

Yup!!!  Southwest is efficient and has a very niche market.  They only operate in the US, only use one kind of plane, and are extremely good at what they do.  Apparently they've been approached to stretch out into the international market (say, have two flights from NYC to London for example per day), but they are totally against it.  They have their system worked out here and it totally works for them.

Other carriers have tried to branch out like Southwest into the international market and have failed. 

Seriously - the book was so interesting.  I learned what "Flight attendants prepare for arrival and crosscheck" actually means!

[joy]

Jan 27, 2015 14:16:15 GMT -5 sister13 said:

Jesus, what is happening to me. I just googled and I am NOT going back to look at the exact plane diagram, but several images show the possibility of a bag falling on someone in the aisle seats:



However, this looks like a lawsuit waiting to happen:

AHH!!  This helps, sister13.  Thank you.  I googled specifically 737 images and they look similar to your top picture.  I get it now!!

Now, am I allowed to fly with my baby in the overheard because that seems easier.

[sister13]

joy If your hypothetical baby falls on my head, I'm suing!

[joy]

Jan 27, 2015 14:20:27 GMT -5 sister13 said:

joy If your hypothetical baby falls on my head, I'm suing!

But my child will just blind you with cuteness and you'll forget you're angry.

[ghostmonkey]

Jan 27, 2015 14:18:06 GMT -5 joy said:

Jan 27, 2015 14:16:15 GMT -5 sister13 said:

Jesus, what is happening to me. I just googled and I am NOT going back to look at the exact plane diagram, but several images show the possibility of a bag falling on someone in the aisle seats:



However, this looks like a lawsuit waiting to happen:

AHH!!  This helps, sister13.  Thank you.  I googled specifically 737 images and they look similar to your top picture.  I get it now!!

Now, am I allowed to fly with my baby in the overheard because that seems easier.

That's how you get around buying a ticket for them when they are over 2.

[pismoduo]

Jan 27, 2015 14:18:06 GMT -5 joy said:

Jan 27, 2015 14:16:15 GMT -5 sister13 said:

Jesus, what is happening to me. I just googled and I am NOT going back to look at the exact plane diagram, but several images show the possibility of a bag falling on someone in the aisle seats:



However, this looks like a lawsuit waiting to happen:

AHH!!  This helps, sister13.  Thank you.  I googled specifically 737 images and they look similar to your top picture.  I get it now!!

Now, am I allowed to fly with my baby in the overheard because that seems easier.

And potentially quieter, depending on how soundproof those bag compartments are...