Last night I got in to a heated discussion (aka argument) with Big C over the recent BA Airways plane crash.
I said to Big C "I wonder what the legalities are for airplane crashes". (boy was I naive when I started this conversation). "Will they ask them to estimate the worth of their suitcase, reimburse medical bills, the plane ticket and further travel expenses to get back home, they'll probably just round it up to an even number and then just pad a little more because they feel bad and also give them free travel for life, huh?"
Big C did all but fall on the floor laughing at me and it was then I realized how un American I really was compared to him...some mentalities I guess are subconsciously in grained from birth whether we take the time to process and accept them as right or not.
In my mind I didn't see what anyone would have the right to sue about. I mean don't you sue when you feel someone has done something wrong to you. What or who could someone possibly sue?... the flock of birds?
How could you possible sue the airlines or the pilot?
Big C said they could sue for damages and stress related to the crash.
But once again in my mind you're suing for damages and stress because you feel someone did something wrong to you....but BA Airways and the pilot didn't set out to deliberately do this to anyone so how can they possibly be at fault.
If they were flying a plane with metal fatigue and it should have been retired and BA Airways knowingly still flew the plane, then YES they are at fault for anything that happens as a result of that.
But how can anyone control a flock of birds?
Big C's response was "How about the person that sued after he spilled McDonald's coffee on themselves and scalded themselves?"
My counter offer to that was, that coffee should never be served to the degree that it can scald...hell if they didn't accidentally spill it on themselves they would have burned the heck out of their mouth anyway. I think that person had a right to sue, a beverage should have a max and min temperature and NEITHER should inflict harm.
After much to do and further raising of voices we agreed to disagree but Big C still got the last word....he said..."I bet you at least 3% of the plane sues...lets bet on it".
At the end of the day I was left saddened....saddened that his sentiment is one of many. Saddened that he was probably right and someone will sue the airline because they believe the airline should have been able to control a flock of birds!
So anyone reading what's your take on this....at the end of the day I'm just glad everyone got out alive.
I agree with YOU 100% Those people should be just thanking God and that Pilot - cos' he did a great job landing that plane and no injuries - almost unbelievable. I hope people are cognizant of that. One of the passengers was a lawyer from here in Florence where I am!
ReplyDeleteI agree with you too, I'd just be grateful to the pilot and crew for getting me out alive. The prayers probably helped too.
ReplyDeleteI think anyone who even considered suing should be ashamed of themselves. Any firm of solicitors taking a case on should be pilloried.
Sadly, thoughts of lawsuits filled my head when I heard that everyone survived also.
ReplyDeleteAs the daughter of a pilot, I know just how miraculous the whole thing was. For a man to be able to GLIDE a plane that size takes incredible skill. Anyone who does sue she be ashamed. This society is such a "I'm gonna get mine," it's pathetic.
Those 150 people should be praising that pilot and thanking GOD that he gave them another chance at life.
It will be interesting to see how the whole thing unfolds.
:)
those who would sue would do so because their lives suck and here is an opportunity for them to get it back on track with free money. as shameful as it is sad.
ReplyDelete:-(
You inspired me to blog about this topic. Although there are many litigious people in America, The airline will have to handle many of these suits, most of them frivolous... There will be people who had a view who now say they cannot sleep at night after the incident. Others are having flashback of other terrors, ....such is the way of the world.
ReplyDeleteThank God they all survived and that there was water traffic and brave souls who put the needs of others above their own!
I agree with you, these people shouldn't sue! They will though! I think that they should be thankful to have another chance at life and try to live it better than they did. They have a chance to make things right in their life and sueing someone is not the right thing to do!
ReplyDeleteAs an attorney, and one that used to work in the personal injury field, I can tell you that the passengers will have a tough case to make.
ReplyDeleteFirst, you have to look at the cause of the accident- namely the errant flock of birds. Who controlled them? Nobody. Who had notice of their flight path? No one, birds don't log in with ATC. Unless it can be proven that the pilot was aware of the birds with enough time to avoid them hitting the engines, the passengers can't successfully sue anyone.
An alternative theory is whether the passengers can show there was a routine presence of birds flying in that area, at that altitude, etc. Minus any pattern showing this condition, the airlines and the pilot are off the hook.
That doesn't mean some folks won't try to sue, but it's not a good idea, especially considering the damages are minimal (lost luggage, no permanent physical injuries, etc.).
Everyone knows the risk of flying, getting in a car to drive etc...the sad thing is so many people make their living off suing others. Very very sad.
ReplyDeleteWe have a very litigious family member. He keeps an attorney on retainer to contact at a moment's notice for their next law suit. While his family hasn't sued other family yet, we're all afraid to be around them for fear of someone tripping on a stick on our property, etc. It is actually the way they make a living. I can assure you they would find a way to sue the pilot, the airines, the rescuers.
ReplyDeleteI cannot imagine filing suit when the pilot did an excellent job and kept everyone ALIVE! Grrr... I agree, if it been a plane that was not kept mechanically in shape, a drink pilot, etc... Sue away! I do not believe the McDonald's suit had any validity though. The woman's claims of "scalding" were grossly over stated. If I remember correctly, she had red marks where the coffee hit her, hello, my didh water is hot enough to that! I would have to google it and re-read up on it to be certain.
ReplyDeleteDid you know a THIEF, yes someone that was committing a CRIME, sued the person whom he was robbing because they shot him in the leg... and he WON! No, sorry... that is so ridiculous!
I could go on and on... but I will stop or my head will explode with the insane nature of Americans to behave like this!
A very good point indeed! Way too sue happy here!
ReplyDeleteWe Americans are WAY too sue-happy. I totally agree!! I agree with suing if there is an egregious error or a conscious decision to ruin someone's health or life....but this pilot saved these peoples' lives. I hope they all just thank him for what he did!
ReplyDeleteTo answer your question: Yes, Americans love to sue. But I'm with you...I don't think anyone's going to sue the airline. They have the airline (via the pilot) to thank for their very lives. My guess is that many will probably sue whoever built the plane.
ReplyDeleteHmmmmm...now this is interesting.
ReplyDeleteLike your new little graphic but you so need to post again!
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