Aer Lingus suing passenger for injuring woman when negligently removing overhead bag
Sep 29, 2020, 11:40 am
#1
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Join Date: Dec 2000
Location: Philadelphia
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Aer Lingus suing passenger for injuring woman when negligently removing overhead bag
https://www.paddleyourownkanoo.com/2...injures-woman/
This seems a bit disingenuous on the part of Aer Lingus, and my guess is unless it can be shown this person did something extremely wrong when removing the bag, it will get laughed out of court. Even if it doesn't, I can see this getting enough bad press that it isn't worth suing this guy over it.
Also, I can't imagine EASA/FAA being too thrilled with what sounds like a potential 'safety' violation being blame-shifted because FAs were busy doing things not at all related to safety.
Aer Lingus is suing one of its passengers alleging the man removed his baggage from an overhead bin with “such force and in such a manner” that it dislodged a bag containing a bottle of Duty-Free alcohol which fell from the and bin and hit the head of a woman sitting in front of him
<snip>But in the last few weeks, lawyers acting on behalf of Aer Lingus have filed a third-party complaint against Joseph Lorenzo alleging his actions are solely responsible for the injuries that Nelson sustained.
Around 20 minutes after takeoff, Lorenzo allegedly got up from his seat, opened the overhead locker and “negligently, recklessly, or intentionally removed his baggage with such force and in such a manner as to dislodge the duty-free bag and cause it and its contents to fall into” Nelson who was sat in the seat directly in front of his.
Aer Lingus explains that flight attendants weren’t around in the cabin to supervise passengers because they were all gathered in the galley preparing the service.
<snip>But in the last few weeks, lawyers acting on behalf of Aer Lingus have filed a third-party complaint against Joseph Lorenzo alleging his actions are solely responsible for the injuries that Nelson sustained.
Around 20 minutes after takeoff, Lorenzo allegedly got up from his seat, opened the overhead locker and “negligently, recklessly, or intentionally removed his baggage with such force and in such a manner as to dislodge the duty-free bag and cause it and its contents to fall into” Nelson who was sat in the seat directly in front of his.
Aer Lingus explains that flight attendants weren’t around in the cabin to supervise passengers because they were all gathered in the galley preparing the service.
Also, I can't imagine EASA/FAA being too thrilled with what sounds like a potential 'safety' violation being blame-shifted because FAs were busy doing things not at all related to safety.
Sep 29, 2020, 12:33 pm
#2
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Firstly I'd say fair play to EI for going heavy here, they have had a long list of lawsuits (all from US customers) in recent years for things that really shouldn't have happened.
Crew on the day clearly followed protocol as they have the names of ALL parties.
There are constant reminders to take care opening the overhead bins, "as items have moved and may fall injuring you or a fellowpassenger guest". If the seat belt sign was on, then well there is no contest.
Crew on the day clearly followed protocol as they have the names of ALL parties.
There are constant reminders to take care opening the overhead bins, "as items have moved and may fall injuring you or a fellow
Sep 29, 2020, 12:46 pm
#3
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https://www.paddleyourownkanoo.com/2...injures-woman/
This seems a bit disingenuous on the part of Aer Lingus, and my guess is unless it can be shown this person did something extremely wrong when removing the bag, it will get laughed out of court. Even if it doesn't, I can see this getting enough bad press that it isn't worth suing this guy over it.
Also, I can't imagine EASA/FAA being too thrilled with what sounds like a potential 'safety' violation being blame-shifted because FAs were busy doing things not at all related to safety.
This seems a bit disingenuous on the part of Aer Lingus, and my guess is unless it can be shown this person did something extremely wrong when removing the bag, it will get laughed out of court. Even if it doesn't, I can see this getting enough bad press that it isn't worth suing this guy over it.
Also, I can't imagine EASA/FAA being too thrilled with what sounds like a potential 'safety' violation being blame-shifted because FAs were busy doing things not at all related to safety.
EI has a pretty good idea of the passenger's resources, including whether he was traveling on business and thus has a deep pocket employer who can pay up or has insurance to pay up.
Why should EI pay up when there is someone primarily liable? In fact, it's a good thing because maybe the guy and those who read the story will think twice about why it's so critically important that they open an OH without paying attention. Or maybe he did and both he and EI will found not to be liable.