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Passengers in BA 777 LAS Incident to sue......

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Old 29th Nov 2015, 19:59
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Passengers in BA 777 LAS Incident to sue......

Is the UK now becoming more Americanized? You decide:

http://www.reviewjournal.com/news/la...ident-mccarran
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Old 29th Nov 2015, 20:22
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The complaint was filed in Cook County Circuit Court in Chicago by Stewarts Law in London and the Wisner Law Firm of Geneva, Ill.
Wisner is an aviation law specialist firm.Home - Wisner Law Firm - Aviation Litigation

Gee, I had a near death experience on the freeway the other day. Do you think I can sue?
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Old 29th Nov 2015, 20:40
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Money grabbing individuals, pushed along by the leeches from the legal profession. Those involved should be glad they escaped with their lives.
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Old 29th Nov 2015, 20:48
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Is the UK now becoming more Americanized? You decide:
In terms of where there's "blame" there's a claim... Very much so. It has been for years.
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Old 29th Nov 2015, 20:48
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Originally Posted by Machinbird
Gee, I had a near death experience on the freeway the other day. Do you think I can sue?
Your mean your engine exploded without warning ? Sounds like you had a narrow escape.

Originally Posted by Capt Scribble
Those involved should be glad they escaped with their lives.
Yes, you'd think that at least they could concede that "the pilots and cabin crew performed heroically in guiding the aircraft to an emergency stop and then evacuating all occupants away from the burning aircraft in difficult circumstances"

Oh hang on, they did.
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Old 29th Nov 2015, 21:12
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One can sue for just about anything.

This appears to be just another opportunistic use of the court system to extract loose change from the deep pockets of big industry.

Of course those suffering actual damages should be compensated. But if feeling scared justifies payment then everyone else scared by anything and looking for a free ride should be paid also. By the time the settlement is all divided up, most of us will end up owing more than we're entitled to receive. The difference goes in the lawyers pockets!
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Old 29th Nov 2015, 22:36
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Gee, I had a near death experience on the freeway the other day. Do you think I can sue?
https://m.youtube.com/watch?v=pPd67CEL54E
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Old 29th Nov 2015, 23:08
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Money grabbing individuals, pushed along by the leeches from the legal profession. Those involved should be glad they escaped with their lives.
Agreed.

Every Airline in the world should ban them from flying in their Aircraft, along with the scum lawyers.

Let then take a boat, and when they sue them,....all shipping companies should ban them.


Id bet they'd sue the taxi company driving them to the airport too.
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Old 29th Nov 2015, 23:15
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But remember, Acrosport, they are not sueing the airline, they're sueing the manufacturer, while praising the conduct of the airline and its personnel.

Why would the airline consider banning them from travel?

Now this man on the other hand

Man sues Etihad over back injury from sitting next to obese passenger | Business | The Guardian

or this one

http://www.dailymail.co.uk/travel/tr...ur-flight.html


Sueing over incidents is not at all a new phenomena. The BA passengers would seem to have, at least, a more reasonable claim than some.
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Old 30th Nov 2015, 02:04
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Then again, what if there is a backstory to why the engine exploded? Just read an article (an excellent one in Vanity Fair) on the rapid growth of airlines outsourcing their maintenance to underbidders in China and Central America. This has been going on for years, as an airline pilot I've seen the result of this first hand - and it ain't pretty.

In today's world of absentee regulatory agencies, financial penalty of screwing up is the only thing keeping airlines even remotely in compliance, and only just barely in some instances. It is only when something goes badly wrong, that the lawsuits spin up and expose a lot of these lapses that should have been stopped by a regulator.

So sue away folks. I have no loyalty to these accountant managed airlines or manufacturers. They've destroyed this profession and many others by lying and cheating. If this malfunction was in any way related to cutting corners at some point along the required processes, then why should we defend that?
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Old 30th Nov 2015, 07:29
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1 in, all in

Wel I guess that once one passenger has decided to sue, others join in on the basis that there's nothing to lose and we may all get a significant sum of money in compensation. The (international) law really ought to be changed to clarify what happens in such cases, although if it turns out that the isue was down to a failure to follow a directive or procedure, it gets more complicated. However, shouldn't these facts be established before maybe a Judge makes a decision on liability and "open to prosecution by those directly caught up in the ensuing incident" ?

The old addage of "There are lots of rich lawyers but no rich policemen" springs to mind

EDIT:
And another thing: who promised us an easy life with no stress-related incidents to toughen up our characters? We should be prepared to accept that sometimes we get caught up in incidents outside our control and if we survive, so be it. No financial compensation compulsory.
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Old 30th Nov 2015, 07:36
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The second is clearly a free-loader of the worst kind, and had I been sat next to him I'd have been delighted he couldn't watch films during most of the flight.

The first I have some sympathy with, I think he had a valid complaint. I have no idea if he went straight to suing or if he complained and wasn't dealt with sympathetically.
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Old 30th Nov 2015, 08:01
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Passengers in BA 777 LAS Incident to sue..

Soon they won't want to exit a burning aircraft quickly least they diminish the amount of a pay-out they may receive from a legal case.
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Old 30th Nov 2015, 08:55
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Soon they won't want to exit a burning aircraft quickly least they diminish the amount of a pay-out they may receive from a legal case.
I thought quite a few of them did that anyway by taking hand baggage with them.......
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Old 30th Nov 2015, 08:58
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British passengers are the second most litigious in Europe, only the Irish sue more.

Aviation insurers rate British Passengers is "very expensive" when it comes to compensation and associated legal costs, so I am not surprised at this.

I know the UK tour operators are being sued by families of those involved in the Tunisia terrorist attacks....
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Old 30th Nov 2015, 10:44
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...
EDIT:
And another thing: who promised us an easy life with no stress-related incidents to toughen up our characters? We should be prepared to accept that sometimes we get caught up in incidents outside our control and if we survive, so be it. No financial compensation compulsory.
Are you kidding?
Every therapist knows that a rather large amount of money is the best cure for emotional distress...
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Old 30th Nov 2015, 11:37
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I hope that anyone injured gets a nice first class ticket to somewhere pleasant with their wife/husband/partner. Everyone else just has to suck it up in my view - you accept the tiny risk involved in aviation when you book your flight. In this case the passengers found their 1 in 26 million chance came up, but still survived - perhaps with odds like that running in their favour they ought to do next week's lottery.
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Old 30th Nov 2015, 11:41
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Originally Posted by Somber Lark
Soon they won't want to exit a burning aircraft quickly least they diminish the amount of a pay-out they may receive from a legal case.
Add in the Allegiant issue (Allegiant fires pilot) and consider the choices facing a captain
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Old 30th Nov 2015, 12:08
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The people who should be sued in this incident are the pax who picked up and lugged their carry ons with them. they really did visibly endanger lives and go directly against lawful instruction from airline crew , which I think is some sort of offence.

Maybe the defending party can county sue these individuals for endangering life and prolonging the anxiety , fear terror, mental distress the pax are suing for in the first place.

Oddly I would bet that in most cases its the same group of people who think only of themselves.
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Old 30th Nov 2015, 14:44
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check out the Montreal Convention and the EU incorporation....covering, EU airlines and aircraft operating into the EU:

There is no financial limit on the liability of an EU airline for damages sustained by you in the event of death, wounding or any other bodily injury. For damages up to 113,100 SDRs, the airline cannot contest claims for compensation. Above that amount, the airline can defend itself against a claim by proving that it was not negligent or otherwise at fault.

If you are injured or killed, the airline must make an advance payment to cover immediate economic needs within 15 days. In the event of death, this advanced payment must be at least 16,000 SDRs. An advance payment does not constitute recognition of liability and may be offset against any subsequent sums that are paid.

Any court action to claim damages must be taken within 2 years from the date the aircraft arrived or should have arrived
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