Apparently a New York man is suing an airline for US$2mill because the pilot forced him to sit on a toilet during part of the flight. He was given a last minute seat on a plane, but then a flight attendant complained her jump seat was uncomfortable, so the pilot moved him to the toilet so she could use his seat.
US$2mill? How did they come up with that figure? What loss did this guy suffer if he wasn’t actually physically injured by his experience? Obviously, he should not have had to spend an hour and a half in the toilet while there was turbulence on the plane, and it is clearly in breach of safety regulations. But I do wonder how people come up with these outrageous figures for damages. Perhaps he is arguing that he has a pathological fear of flying as a result? Or maybe it’s a publicity bid to force the airline into settling? The mind boggles.
I must confess that I have once spent most of a flight in the toilet. However, that was voluntary, and for entirely different reasons (I ate a dodgy prawn in Kuala Lumpur). Ugh. Note to self: do not eat prawns in KL again from dodgy food courts; at least, not unless I see the person cook it on a big flaming wok in front of me. Actually, now that I think about it, I’ve had bad luck in that regard. I’ve also had to fly Air Lao while very ill. However, it was probably fortunate that I was so ill. I seriously wanted to die at that point, and so it did not worry me that the plane was a second-hand Soviet jet without radar (the pilots had to take off and navigate by sight). Nor did I care when great gusts of water vapour started coming in the baggage holds when we entered the clouds. Luckily I landed safely and got treatment at the Vientiane American Hospital (which was an experience in itself). Ah, fun times!
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Although have to say that is such an unforgivably c***headed thing for them to do to a customer that, if he wins, I say let them suck it up.
Perhaps it’s based on exemplary damages, which, depending on the airline’s liquidity, might make more sense?
PS am back can has me a links?
But of course…gradually adding to my links when I have a mo - still not finished yet
!Muchas G!
BTW - yes, I think you are right - it is probably an example of exemplary damages designed to deter any other airline from doing this. Perhaps with a sum to represent humiliation and damaged feelings too, to the extent that such damages are allowed in this situation.
Certainly I think airlines ought to be deterred from making passengers sit in the toilet - the question is what sum represents an adequate deterrent.
I am thinking of the Canadian case of Whiten v Pilot Insurance Co [2002] 1 SCR 595, where a Canadian family was severely f**ked around by an insurance company for a number of years in an appalling manner because the insurance company was trying to grind them down into accepting a lesser insurance payout. The award of damages in that case was Can$1mill.
I’d probably give this guy something in exemplary damages, but certainly not US$2mill. Maybe US$500,000. I guess his lawyers thought they’d aim high and see what they could get.
Damages? After an hour of turbulence, his fellow passengers would probably have been willing to pay EXTRA for such convenient seating.
Ha ha ha - depends whether they suffered from motion sickness?
I have a friend who vomits even if the plane hasn’t taken off yet - it’s just the thought of taking off that gets her…
Fortunately, I don’t get plane sick, although I do get very sea sick…no sailor me!