Comments on: Riding the porcelain plane? http://skepticlawyer.com.au/2008/05/riding-the-porcelain-plane/ Two lawyers on law, legislation and liberty. And other stuff. Thu, 28 Aug 2008 11:30:13 +0000 http://wordpress.org/?v=2.5.1 By: Legal Eagle http://skepticlawyer.com.au/2008/05/riding-the-porcelain-plane/#comment-11955 Legal Eagle Fri, 16 May 2008 05:26:30 +0000 http://skepticlawyer.com.au/?p=679#comment-11955 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! 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!

]]> By: DeusExMacintosh http://skepticlawyer.com.au/2008/05/riding-the-porcelain-plane/#comment-11948 DeusExMacintosh Thu, 15 May 2008 19:28:52 +0000 http://skepticlawyer.com.au/?p=679#comment-11948 Damages? After an hour of turbulence, his fellow passengers would probably have been willing to pay EXTRA for such convenient seating. Damages? After an hour of turbulence, his fellow passengers would probably have been willing to pay EXTRA for such convenient seating.

]]> By: Legal Eagle http://skepticlawyer.com.au/2008/05/riding-the-porcelain-plane/#comment-11938 Legal Eagle Wed, 14 May 2008 11:59:08 +0000 http://skepticlawyer.com.au/?p=679#comment-11938 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. 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.

]]> By: armagnac esq http://skepticlawyer.com.au/2008/05/riding-the-porcelain-plane/#comment-11933 armagnac esq Wed, 14 May 2008 05:57:00 +0000 http://skepticlawyer.com.au/?p=679#comment-11933 !Muchas G! !Muchas G!

]]> By: Legal Eagle http://skepticlawyer.com.au/2008/05/riding-the-porcelain-plane/#comment-11932 Legal Eagle Wed, 14 May 2008 05:30:32 +0000 http://skepticlawyer.com.au/?p=679#comment-11932 But of course...gradually adding to my links when I have a mo - still not finished yet But of course…gradually adding to my links when I have a mo - still not finished yet

]]> By: armagnac esq http://skepticlawyer.com.au/2008/05/riding-the-porcelain-plane/#comment-11931 armagnac esq Wed, 14 May 2008 05:00:40 +0000 http://skepticlawyer.com.au/?p=679#comment-11931 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? 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?

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