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Alleged sexual assault on AA redeye Jun 2017 - victim speaks, to sue AA

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Alleged sexual assault on AA redeye Jun 2017 - victim speaks, to sue AA

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Old Mar 16, 2018, 8:06 am
  #16  
 
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Originally Posted by oliver2002
The are millions of drunk men flying around, being drunk doesn't make you a rapist? Do rape victims sue the bar the rapist may have gone to before comitting the crime?.
In 43 states and DC, suing the bar after incurring damages from a drunken patron is possible, yes. Known as dram shop laws
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Old Mar 16, 2018, 8:09 am
  #17  
 
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Originally Posted by econometrics
But it's hard for me to believe an FA would just put someone in a middle seat if they confessed to being assaulted on the plane.
Reseating people who report assaults seems to be a not uncommon response.
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Old Mar 16, 2018, 8:10 am
  #18  
 
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Originally Posted by econometrics
Very tragic if actually true.

But it's hard for me to believe an FA would just put someone in a middle seat if they confessed to being assaulted on the plane. Not to mention, if this was mid-flight, usually at least 1-2 FA's are in the rear galley right by the lav.

AA has some downright surly FA's, but they are not completely inhumane.

Hope justice is served to whoever it's proper recipient is.
I read it as she was moved from MCE to the back of the plane away from her alleged rapist and the only seat available was a middle seat or she just happened to be sitting in the middle of an empty row. Either way I thought that was SOP in these situations
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Old Mar 16, 2018, 8:31 am
  #19  
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Originally Posted by chenalex
In 43 states and DC, suing the bar after incurring damages from a drunken patron is possible, yes. Known as dram shop laws
These are generally for damage caused by the drunk, such as when they drive drunk. I am not aware of any suits involving serving alcohol to a drunk who rapes someone.
I am also a bit confused about how someone was able to do this drunk or sober. It is hard enough to get myself into the lav when sober
In any case, has she sued the guy who she claims did this? Other than what she has said, is there evidence a crime was committed?, other than her statement about a crime being committed?
Was the guy arrested? The story is missing a lot

Last edited by mvoight; Mar 16, 2018 at 8:36 am
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Old Mar 16, 2018, 9:13 am
  #20  
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Originally Posted by oliver2002
do rape victims sue the bar the rapist may have gone to before comitting the crime?
AA has applied for a license to serve alcohol and is subject to the terms of that license and the laws associated with it.

In short, if a licensed established chooses to serve you alcohol, even though you are clearly intoxicated, then under Texas state law, they can in some cases, be held accountable for any injury or accident that may arise as a result.
suing bars in most states that allow it isn’t something that is done based on abstract legal theory. On the contrary, most states that say bars should be held accountable do so because lawmakers got together and specifically passed laws that allow people injured by drunk drivers (and other injuries stemming from intoxication) to sue bars. Such laws are known as “dram shop laws.”
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Old Mar 16, 2018, 9:16 am
  #21  
 
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Being on a plane is different from being in a bar. Especially in economy, you are trapped in a small space with a large number of other people. You cannot just get up and leave if you are uncomfortable or if you do not want to talk to the person next to you. You are also 30,000 feet in the air and cannot call the authorities if someone assaults you. Given the unique circumstances, the airline should absolutely have a level of responsibility for maintaining order in this environment. This includes but is certainly not limited to identifying passengers who are intoxicated and behaving inappropriately, and either not boarding them, not serving them, or moving them (the badly behaving passenger, not the one who complained). The airline's employees (FAs and pilots) are the authority in the plane. I am all for individual responsibility but it only goes so far in some situations and some exercise of authority is needed.

Sadly, the moral of this story is that we cannot count on Flight Attendants to do the right thing. Someone upthread said the FAs must have noticed. You mean the same FAs who admonish passengers not to press the call button (per recent FT thread on the subject)? The same FA on my last flight who allowed a woman wearing a leg brace with an obvious physical disability to sit in the exit row? The same FAs who forced someone to put a dog in the overhead bin (yeah I know it's a different airline but the cultures aren't that different between AA and UA)? While there are many great FAs, either a majority or a large minority of FAs tend to take whatever action is easiest for them at the moment, not what is best for the passengers.

What would you do if you were in a window seat next to a drunk weirdo? It is easy for Internet commenters to say they would have done something differently. It's a lot harder when you're actually in the situation unless you think the FA is going to back you up. No matter what happens in the air, it will always be "he said/she said" after you land and meet the authorities.
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Old Mar 16, 2018, 9:49 am
  #22  
 
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AA didn't rape this woman... another passenger (allegedly) did. This person clearly doesn't care about justice, she just wants a pay day. She lost any sympathy I had when she went that route.
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Old Mar 16, 2018, 10:03 am
  #23  
 
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Originally Posted by ajeleonard
They didn't call it a "nuisance", they called it a "nuisance claim", which is a specific legal concept.
Something can be a specific legal concept and still an incredibly dumb and insensitive thing to say to someone, it turns out.

Edited to add: If people are going to try to credit AA with using the appropriate legal terminology here, is your position really that the correct response to her complaint was to characterize it as her being unable to have the peaceful use and enjoyment of her aircraft seat?

Last edited by jordyn; Mar 16, 2018 at 10:20 am
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Old Mar 16, 2018, 10:06 am
  #24  
 
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Originally Posted by jordyn
Something can be a specific legal concept and still an incredibly dumb and insensitive thing to say to someone, it turns out.
Yes, of course the correct answer is to make up a completely new term instead of using one that is universally understood simply to appease rabid SJWs.
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Old Mar 16, 2018, 10:15 am
  #25  
 
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Originally Posted by kb9522
Yes, of course the correct answer is to make up a completely new term instead of using one that is universally understood simply to appease rabid SJWs.
Or just say "We're really sorry that happened to you. We don't think it was our fault and think that our staff did everything they could to deal with the matter on the plane. Therefore, we don't think we owe you any money." See? Don't need to make up any terms, just need to treat the rape victim who also happens to be your customer as a human.

I'm not sure why it's more okay to call people SJWs than AApologists (which seems to be a banned phrase on this board), but I'm not really sure how you got there in the first place unless we've gotten to the point that any attempt to treat people humanely is now part of some culture war.
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Old Mar 16, 2018, 10:37 am
  #26  
 
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Is it really so cost prohibitive to install a few cameras on every plane? I'm actually surprised airlines don't do this voluntarily given all the potential incidents that can and do occur on a regular basis. Having some visual evidence in cases like these would certainly be helpful.
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Old Mar 16, 2018, 10:47 am
  #27  
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Folks, this thread has the obvious potential for disaster. A few off-topic posts have already been deleted.

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Old Mar 16, 2018, 10:47 am
  #28  
 
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This definitely falls under common carrier liability probably more so than dram shop laws. If she can prove AA acted negligently, then she will likely have a case.
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Old Mar 16, 2018, 11:26 am
  #29  
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Originally Posted by Voldoo
Is it really so cost prohibitive to install a few cameras on every plane? I'm actually surprised airlines don't do this voluntarily given all the potential incidents that can and do occur on a regular basis. Having some visual evidence in cases like these would certainly be helpful.
Installing anything on a plane, especially anything electronic, involves having to go through a testing and approval process from the FAA. It's not quite as simple as order a camera and install. I'm not saying it's a bad idea, but it wouldn't be an inexpensive process.
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Old Mar 16, 2018, 11:31 am
  #30  
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Originally Posted by oliver2002
Another report: https://www.yourtango.com/2018311679...airlines-fight





The story doesn't add up. So 'authorities' were called, but no one is being prosecuted? Or if he is, the rape victim doesn't know his name? And now AA is being sued for serving drinks?
The victim doesn't know his name? Of course she doesn't. Was he supposed to say, "Hi, I'm Phil, and I'll be your rapist today."?

Yes, if AA served a visibly drunk man, they are responsible.

Mike
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