Edmonton woman sues Air Canada over ‘scalding’ water spill
Nov 15, 2012, 7:45 pm
#46
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that occurs at a temperature that is well above what is safe to drink. What, 80. You are in part, correct, however.
Nov 15, 2012, 8:01 pm
#47
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Nov 15, 2012, 8:20 pm
#48
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Nov 15, 2012, 8:27 pm
#49
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You ought to clarify with a barista working for a us company before making such a unilateral declaration. But of course this is the Internet.
Nov 15, 2012, 10:32 pm
#50
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But the other perspective could be, why wait so late to file a Statement of Claim. The claimant waited til the last second to file. Why not file the statement of claim a month or a year before?
Nov 17, 2012, 7:02 pm
#53
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It is very easy to check if it is OK to recline, and is just plain common courtesy. I always check when I do recline. ...I have actually had coffee spill on me, and did have some minor blistering ( which would make it a second degree viburnum I believe. This was due to FA bumping my arm while drinking. Have I filed a claim? No, because it was an accident. Stuff like this happens. ...There just seems to be a lack of common sense.....
Nordsfan obviously has a more intimate knowledge of the legal process and what is/isn't suitable material for the courts, so I defer there. However, the late filing of the claim does suggest that her lawyers' initial attempts at some form of compensation have already been rebuked by AC legal department.
Last edited by sp4294; Nov 17, 2012 at 7:09 pm
Nov 17, 2012, 9:32 pm
#54
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it is rather odd. I mean it sounds like this person did in fact suffer some real damage. Sure, they will have to prove it and prove ac was negligent but funny how some assume what they do. Oh well, I just accept that 50 percent of people will strongly disagree with everything i say regardless of right, wrong etc.
Nov 18, 2012, 1:51 am
#55
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My point exactly. I don't dispute the lady's right to make a claim, however, I do believe that this borders on being a frivolous claim and smacks of a money grab (yes, and that is just my opinion).
Nordsfan obviously has a more intimate knowledge of the legal process and what is/isn't suitable material for the courts, so I defer there. However, the late filing of the claim does suggest that her lawyers' initial attempts at some form of compensation have already been rebuked by AC legal department.
I think what it really suggests is that the level of reading comppensation on FT is very low.
Originally Posted by sp4294
It is very easy to check if it is OK to recline, and is just plain common courtesy. I always check when I do recline. ...I have actually had coffee spill on me, and did have some minor blistering ( which would make it a second degree viburnum I believe. This was due to FA bumping my arm while drinking. Have I filed a claim? No, because it was an accident. Stuff like this happens. ...There just seems to be a lack of common sense.....
Nordsfan obviously has a more intimate knowledge of the legal process and what is/isn't suitable material for the courts, so I defer there. However, the late filing of the claim does suggest that her lawyers' initial attempts at some form of compensation have already been rebuked by AC legal department.
Nov 18, 2012, 4:45 am
#56
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I just add Baileys to cool it off
, and I would never let the Baileys spill
Nov 18, 2012, 4:49 am
#57
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A figure of speech.. a run on words. Of course its a matter of law to file before the 2 year deadline.. that is obviously why the claimant filed before the deadline.
But the other perspective could be, why wait so late to file a Statement of Claim. The claimant waited til the last second to file. Why not file the statement of claim a month or a year before?
But the other perspective could be, why wait so late to file a Statement of Claim. The claimant waited til the last second to file. Why not file the statement of claim a month or a year before?
I like the version Nordsfan is presenting. He may have some background in these matters
Nov 18, 2012, 7:15 am
#58
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It's not a question of convenience, it's a matter of law. Her right to claim is subject to time limitations. Whether she files the week after the incident or on the last day before prescription kicks in is of no importance.
Waiting until later in the game doesn't mean that demand letters haven't been sent and other correspondance exchanged. In fact, in physical harm cases, a medical practitioner will prefer to wait until the injury consolidates before issuing an opinion on the long-term effects of the injury. This has a direct effect on the amount of the claim.
This is a funny place. Every week someone raises the idea of filing a class action for any one of the many little affronts that FFers suffer because of "enhancements", IROPS, etc. Then, when a person seems to suffer actual physical harm from an incident, a claim for reparation is deemed to be frivolous, greedy and otherwise ill-intentioned.
Fantastic.
Waiting until later in the game doesn't mean that demand letters haven't been sent and other correspondance exchanged. In fact, in physical harm cases, a medical practitioner will prefer to wait until the injury consolidates before issuing an opinion on the long-term effects of the injury. This has a direct effect on the amount of the claim.
This is a funny place. Every week someone raises the idea of filing a class action for any one of the many little affronts that FFers suffer because of "enhancements", IROPS, etc. Then, when a person seems to suffer actual physical harm from an incident, a claim for reparation is deemed to be frivolous, greedy and otherwise ill-intentioned.
Fantastic.
Nov 18, 2012, 5:58 pm
#60
Join Date: Aug 2011
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This is 100% correct. In law, there is no difference whatsoever in filing on day one or two years later. Additionally, in medical claims the extent of damage is often unknown until treatment has run its course. Burns as alleged are extremely painful and traumatic. Speak to a real burn victim and you will get an idea.