Man sues WN for $49K, claims suitcase fell on his head
Jan 27, 2015, 12:53 pm
#18
Join Date: Oct 2003
Location: Traveling the World
Posts: 6,072
The arrival announcement says" Please be careful when opening the overhead bins as items may have shifted during taxi, takeoff and landing". Wouldn't this absolve Southwest of any fault? Yes I know the flight attendants are supposed to check the bins but lets just say this bag shifted during landing and changed its position from the time when the flight attendant checked. Or lets just say a passenger moved their bag while in the air to make it closer thus a flight attendant did not check the bin.
What if the FAA instilled a new policy that as part of the pre-arrival checks the flight attendants check the bins to ensure that the bags are secured as safely as possible.
Sorry to say but isn't this a reasonable consequence of flying that you should be careful when opening the overhead bin. In all my years of travel I have never had any bag fall on my head as I open the bin slowly and then grab my bag with the two handles out of the bin.
I doubt Southwest will lose this case. When you buy your ticket you basically enter into a contract. There are dangers in any activity from rock climbing to skiing. Would you sue the Rock Climbing outfitter if a boulder hit you and almost killed you? Would you sue if a rattlesnake bit you?
My point is flying is safe but it has its dangers. You could sue if for instance if you got electrocuted by a faulty lamp because the hotel did not check for any exposed wires etc.
How could you prove that it was the airlines or flight attendant's fault that the bag was improperly stored? You have 300+ passengers as well. Do you go around to every row asking whose bag this is and try to sue the owner of the bag.
This person would be lucky if he got a small voucher and offer to pay medical bills but I highly doubt it would even come down to that.
Just my 2 cents.
What if the FAA instilled a new policy that as part of the pre-arrival checks the flight attendants check the bins to ensure that the bags are secured as safely as possible.
Sorry to say but isn't this a reasonable consequence of flying that you should be careful when opening the overhead bin. In all my years of travel I have never had any bag fall on my head as I open the bin slowly and then grab my bag with the two handles out of the bin.
I doubt Southwest will lose this case. When you buy your ticket you basically enter into a contract. There are dangers in any activity from rock climbing to skiing. Would you sue the Rock Climbing outfitter if a boulder hit you and almost killed you? Would you sue if a rattlesnake bit you?
My point is flying is safe but it has its dangers. You could sue if for instance if you got electrocuted by a faulty lamp because the hotel did not check for any exposed wires etc.
How could you prove that it was the airlines or flight attendant's fault that the bag was improperly stored? You have 300+ passengers as well. Do you go around to every row asking whose bag this is and try to sue the owner of the bag.
This person would be lucky if he got a small voucher and offer to pay medical bills but I highly doubt it would even come down to that.
Just my 2 cents.
Last edited by danielonn; Jan 27, 2015 at 12:59 pm
Jan 27, 2015, 1:45 pm
#19
Join Date: Feb 2009
Location: USA
Programs: Chase Sapphire Reserve, WFBF
Posts: 1,573
The arrival announcement says" Please be careful when opening the overhead bins as items may have shifted during taxi, takeoff and landing". Wouldn't this absolve Southwest of any fault? Yes I know the flight attendants are supposed to check the bins but lets just say this bag shifted during landing and changed its position from the time when the flight attendant checked. Or lets just say a passenger moved their bag while in the air to make it closer thus a flight attendant did not check the bin.
Jan 27, 2015, 4:19 pm
#20
Join Date: Mar 2011
Posts: 6,286
For those that didn't bother to read the linked article: The plaintiff is claiming that Southwest is to blame for allowing a piece of luggage on board that was too big for the overhead bins, which then fell onto the plaintiff's head while the FA was attempting to help the bag's owner make it fit.
Jan 27, 2015, 4:41 pm
#21
Join Date: Dec 2006
Location: SNA
Programs: Bonvoy LTTE/AMB, AmEx Plat, National EE, WN A-List, CLEAR+, Covid-19
Posts: 4,966
The owner of the luggage is not named in the suit. Reinhardt isn't seeking damages from that person.
I had a bag fall on me once; I just chalked it up to "--it happens" and let it go.
Jan 29, 2015, 12:07 pm
#22
Join Date: Jan 2004
Location: TX
Programs: WN A List Preferred and CP, AA, IHG Spire, Hertz #1 Gold 5*, Hilton Diamond, Enterprise Platinum
Posts: 1,269
Jan 29, 2015, 12:30 pm
#23
Join Date: Aug 2002
Location: Atlantic Beach, Florida, USA
Posts: 1,000
On the other hand, there are real injuries that can occur. I was a defense expert in a case in which a 40 pound suitcase fell and hit a woman on top of her head. She was seated and had a secondary trauma to her face. Compression of the cervical spine and fracture of a facial bone. IIRC, medicals were about $100k and she had legitimate chronic pain and decreased function. She would have traded her settlement in a minute to be pain free again.
Jan 30, 2015, 8:20 am
#24
Join Date: Jul 2014
Location: Austin, TX
Posts: 1,012
Jan 30, 2015, 5:02 pm
#25
Join Date: Dec 2006
Location: SNA
Programs: Bonvoy LTTE/AMB, AmEx Plat, National EE, WN A-List, CLEAR+, Covid-19
Posts: 4,966
Reinhardt asking for $10,000 to cover medical bills, $5,000 for lost income and $34,000 for his pain and suffering.
... and TIL ambulance chasers read FT.
Jan 31, 2015, 6:17 pm
#27
Join Date: Jul 2014
Location: Austin, TX
Posts: 1,012
We don't know the facts of what happened here. But the notion that one should only receive compensation for documented medical bills when injured by another's negligence is absurd, IMHO. Perhaps this plaintiff is just feigning injury and suffering for an easy payday, but we have no way of knowing that.