Girl loses appeal against KLM
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Girl loses appeal against KLM
This case was originally brought in December 2000, but KLM appealed, and won last May, the claimant then took it to the HOL.
Report from the Daily Telegraph(1/3):
"A teenage girl who was molested by another passenger while travelling alone on an aircraft lost her claim for damages yesterday when the law lords ruled that airlines could not be sued for mental injury or illness.
The landmark judgment was immediately attacked by claimants' lawyers.
Kelly Morris, from Bolton, was 15 when she flew home on a KLM flight from Kuala Lumpur in September 1998 after visiting her uncle. She was seated next to two men who were speaking French to each other. After a nap, she awoke to discover the hand of the man next to her caressing her leg.
She became very distressed and was diagnosed later as suffering from clinical depression. She has since made a full recovery.
She sued the airline under the Warsaw Convention of 1929, which allows compensation for bodily injury suffered by a passenger resulting from an accident on an aircraft.
Last year, the Court of Appeal ruled that "bodily injury" did not include mental injury, and that ruling was upheld by the House of Lords yesterday."
I wonder what the outcome would have been in the US?
Report from the Daily Telegraph(1/3):
"A teenage girl who was molested by another passenger while travelling alone on an aircraft lost her claim for damages yesterday when the law lords ruled that airlines could not be sued for mental injury or illness.
The landmark judgment was immediately attacked by claimants' lawyers.
Kelly Morris, from Bolton, was 15 when she flew home on a KLM flight from Kuala Lumpur in September 1998 after visiting her uncle. She was seated next to two men who were speaking French to each other. After a nap, she awoke to discover the hand of the man next to her caressing her leg.
She became very distressed and was diagnosed later as suffering from clinical depression. She has since made a full recovery.
She sued the airline under the Warsaw Convention of 1929, which allows compensation for bodily injury suffered by a passenger resulting from an accident on an aircraft.
Last year, the Court of Appeal ruled that "bodily injury" did not include mental injury, and that ruling was upheld by the House of Lords yesterday."
I wonder what the outcome would have been in the US?
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Newswatcher,
Unfortunately, if this incident occurred in the US the young lady would have sued everyone in sight, collected a couple of million dollars and recieved "lifetime" free flights on KLM. Undoubtably spurring others to claim similar suits!!
Unfortunately, if this incident occurred in the US the young lady would have sued everyone in sight, collected a couple of million dollars and recieved "lifetime" free flights on KLM. Undoubtably spurring others to claim similar suits!!
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Well, such harassment, if indeed it was, is definitely not acceptable be it in the US or else where. However, the attempt to sue the airline on premise given by the Warsaw convention of 1929 can not be taken seriously. A person may very well suffer mental or even physical injury under those given circumstances, - but by a third party.
That would be kind of like suing the state or the county after a car accident since it happened on their road!!
That would be kind of like suing the state or the county after a car accident since it happened on their road!!
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Isn't that what happens?
If I get drunk and fly my Cessna into a mountain Cessna is at least 25 percent liable becouse they build the plane and sold it to me. Even Piper may be liable for not being convincing enough to sell me one of their planes.
Sq
If I get drunk and fly my Cessna into a mountain Cessna is at least 25 percent liable becouse they build the plane and sold it to me. Even Piper may be liable for not being convincing enough to sell me one of their planes.
Sq
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>>Unfortunately, if this incident occurred in the US the young lady would have sued everyone in sight, collected a couple of million dollars and recieved "lifetime" free flights on KLM. Undoubtably spurring others to claim similar suits!!<<
There have been similar cases in the U.S., one was settled a few years ago with US Airways for an "undisclosed" sum.
Here's a story from yesterday's paper about a $5 million award for a topless coed. Of course, if she had not been allowed to remove her top, she could have claimed gender discrimination and sued back the other way.
. .<a href="http://www.austin360.com/statesman/editions/thursday/metro_state_5.html" target="_blank">http://www.austin360.com/statesman/editions/thursday/metro_state_5.html</a>
There have been similar cases in the U.S., one was settled a few years ago with US Airways for an "undisclosed" sum.
Here's a story from yesterday's paper about a $5 million award for a topless coed. Of course, if she had not been allowed to remove her top, she could have claimed gender discrimination and sued back the other way.
. .<a href="http://www.austin360.com/statesman/editions/thursday/metro_state_5.html" target="_blank">http://www.austin360.com/statesman/editions/thursday/metro_state_5.html</a>
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I still can't understand parents that allow their kids to travel by themselves like a 'package'.. .Seeing them off and trusting that they will be met at the far end in any era is not the best way to treat V&A items.
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Stagnation point - Sorry, can't find any reference to this court case.
Articles like this probably raise more questions than they answer.
From the information given, it seems likely that KLM breached their responsibility to provide her with "safe conduct" as an unaccompanied minor. I think Late Again Hoskins may not have appreciated that she was accepted by KLM under their "unaccompanied minor" plan. Following a number of high profile cases last year, when UMs were lost on routes involving a change of aircraft, a number of US carriers are now only accepting UMs on direct flights.
In the states, about 2 years ago there was a case raised along similar lines, when an airline was sued under the Warsaw Convention, because a woman was sexually assaulted. The court initially threw it out on the basis that the incident was not "an accident", and therefore not covered under the convention! Details may be found here: <a href="http://www.condonlaw.com/sept2000.htm" target="_blank">http://www.condonlaw.com/sept2000.htm</a>
While searching, I came across this beauty, about a woman suing the airline for making her sit next to a cat when she was allergic! - <a href="http://www.condonlaw.com/sept2000.htm" target="_blank">http://www.condonlaw.com/sept2000.htm</a> . .
[ 01 March 2002: Message edited by: newswatcher ]</p>
Articles like this probably raise more questions than they answer.
From the information given, it seems likely that KLM breached their responsibility to provide her with "safe conduct" as an unaccompanied minor. I think Late Again Hoskins may not have appreciated that she was accepted by KLM under their "unaccompanied minor" plan. Following a number of high profile cases last year, when UMs were lost on routes involving a change of aircraft, a number of US carriers are now only accepting UMs on direct flights.
In the states, about 2 years ago there was a case raised along similar lines, when an airline was sued under the Warsaw Convention, because a woman was sexually assaulted. The court initially threw it out on the basis that the incident was not "an accident", and therefore not covered under the convention! Details may be found here: <a href="http://www.condonlaw.com/sept2000.htm" target="_blank">http://www.condonlaw.com/sept2000.htm</a>
While searching, I came across this beauty, about a woman suing the airline for making her sit next to a cat when she was allergic! - <a href="http://www.condonlaw.com/sept2000.htm" target="_blank">http://www.condonlaw.com/sept2000.htm</a> . .
[ 01 March 2002: Message edited by: newswatcher ]</p>
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Hoskins
I couldn't agree more - it was heart breaking to carry the kid between one parent and the other in a broken relationship. They sobbed their little hearts out from the time the doors closed until we landed again, but the parents never saw that part, so I guess they never worried about it. Couldn't the parents stretch their budget to travel with the child? It wouldn't cost them any more than a new part for a computer, and would help the kid out a lot.. .Who is seriously going to help an 'unmin' in the event of an emergency, when, presumably, its every one for themselves, especially if the CC have been incapacitated?
I couldn't agree more - it was heart breaking to carry the kid between one parent and the other in a broken relationship. They sobbed their little hearts out from the time the doors closed until we landed again, but the parents never saw that part, so I guess they never worried about it. Couldn't the parents stretch their budget to travel with the child? It wouldn't cost them any more than a new part for a computer, and would help the kid out a lot.. .Who is seriously going to help an 'unmin' in the event of an emergency, when, presumably, its every one for themselves, especially if the CC have been incapacitated?
Ferny and Hoskins,. .. .Puleese. You really consider fifteen-year olds should only travel accompanied? The airlines would love it of course since that would usually mean two return trips by an adult for every return trip by a child. I have seen loads of children traveling alone and almost always seen them very well looked after regardless of the airline. . .. .In this case KLM cabin staff could have shown a bit more astuteness and shuffled seats around so the girl sat next to a woman - I've seen that done frequently and being alert to where unaccompanied children are seated is, I believe, part of most cabin staffs' SOPs (cabin staff reading may corroborate or otherwise). . .. .I would wager that a good percentage of ppruners have, like myself, traveled alone since very early ages and that their teenaged kids are as seasoned or moreso at checking their own passports/visas etc as many adults. . .. .Cheers,. .broadreach
I had a flight back from ORD a few weeks on American in which a mother and two small children were given seats in separate rows. This put a 10 year old girl next to me, without her mother. The CC didn't want to know when the mother complained, either. Fortunately, the last row was empty and blocked, and when I complained and pointed out that there were airlines with SOPs to avoid this,(THANKS PPRUNE for the info!!) the row got magicly unblocked. For my protection, I don't want these young girls sat next to me.
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Broadreach,. .I understand your point of view, but the fact that something did happen kind of makes my view that little bit more valid n'est pas?. .My kids will never travel alone on planes, trains or automobiles to be sat between people like Mr K*ng and Mr Gl*tt*r.. .SOP's are great. Hands up those who have never got it wrong? . .Thought so!
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Stagnation Point. .. .The French male was held by Police at Schipol who had been alerted by the airline but released as they considered that there was not enough evidence to charge him.
Young kids should be taught that first, you warn the jerk after the first time about being prepared for a broken nose and when it happens again, you punch the jerk in the nose. Too bad that the minors can't have empty seats next to them. Many attorneys ("ambulance chasers") in our US legal system need a punch in the nose too, or worse, not including suspension by their union, the American Bar Association.. .. .If an unacc. minor is not picked up at the destination, or misses a connecting flight etc, one of our airline agents must find a nearby hotel room inside the terminal or by the airport and literally sit on a chair outside, all night long by the hotel door, then bring the youngster back to the airport...
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I used to work with an attractive blonde woman who was also blessed with rather large t*ts. Several times men grabbed them whilst she was on her way home from work on the Tube. To my recollection she never sued anyone and was always happy and buoyant.. .. .It is not nice that someone is over familiar with a young girl but is quite pernicious this idea nowadays that if anything happens someone has to be sued for it. . .. .Interesting that the bloke who did it got off it with it Scot-free.. .. .Sh*t happens. Please allow children to sit next to ordinary people. Don't let this get out of hand. The World is mad enough as it is. The girl has to understand that if something nasty happens she is not entitled to blame and innocent airline nor should be persuaded to say she is depressed.
