While I said earlier this lawsuit is frivolous and the only real winner will be the plaintiff 's lawyer, if at all, I think we need to realize our understanding of the travel game is "unusual".
However, all this talk of the passenger should do research does not make sense for the once or twice a year flyer that might be slight claustrophobic or has child needing a view to distract them or other reasons for selecting a window (vs an inside seat). Sure they might learn after a bad incident there is possible of no window but it would not cross their minds until then. And they are the ones most likely to have paid for the window as the typical FTer gets access for free.
All these comments about reading the CoC or following an * footnote that no all window locations have windows is equally ignoring the realities of how people book travel. How many here knew of CoC before become an active FT participant? I did not and I doubt most frequent flyers do.
Now the plaintiff that claims this has occurred to them multiple times should have learned at a minimum to call the airline, no sympathy there. (And to get no window seat multiple times, they must fly more than once or twice a year.
I joined FT to become an informed flyer but realize most travelers are not as informed. But then again I can drive a shift car and most drivers today can not.