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Advice needed - assault on AA flight

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Old Jul 8, 2018, 7:10 am
  #16  
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Originally Posted by Nicc HK
The law of the country of the aircraft's registration applies, so if US registered in this case it is a US matter, however this is not completely 100% correct. It gets interesting when the destination is not the country of registration because upon landing any legal matter usually gets handed over to local authorities.

I am more surprised that the stewards only offered to do a 'write up'. In cases like this bullies only feel emboldened.

Also need to be clear on terminology especially in a case like this, 'assault' is the threat of violance, whereas 'battery' is actual violance, though this is specific to common law jurisdictions and there are variances.
Rather than endlessly debate the meaning of the word “assault” (as recently occurred in another thread), please apply the Oxford dictionary meaning of assault (which can be verbal or physical):

1 Make a physical attack on.
‘he pleaded guilty to assaulting a police officer’
‘she was sexually assaulted as a child’
Further semantic debate about “assault”, legal definitions used in different states, etc. is likely to be summarily deleted.

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(Moderator hat off:

With all respect, I’d likely be seeking legal advice from a lawyer qualified in the venue where the alleged crime occurred or other specialist in aviation related law, or referring a friend to do so, rather than inquiring on an Internet forum. In fact, I’d not be inquiring at all on behalf of a fully capable and independent person.
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Old Jul 8, 2018, 7:19 am
  #17  
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Originally Posted by enviroian
Sorry OP but it’s too late now. That ship has sailed.
Agreed. My 80 year old friend bruises easily. There is nothing to say that he did not acquire this bruise before or after his flight. The time to document it was during the flight and it was his choice not to escalate it at the time. His reasoning sounds paranoid to me: My friend also said he did not accept the offer of the flight attendant to write up the incident because he feared that AA would cancel his return trip back to the U.S.
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Old Jul 8, 2018, 8:20 am
  #18  
 
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I'm sorry to hear about the awful incident experienced by your friend. No one should have to deal with this. I agree that there is nothing to be accomplished at this late date. Please encourage this gentleman to speak up and allow the flight attendants to document any future issues. Bullies should be reported and stopped when possible. The next encounter might not end with a bruise. Airlines and their staffs often get a bad rap, but many want to do a good job and provide the best service possible. We must do our part as the customer.

“The only thing necessary for the triumph of evil is for good men to do nothing.” attributes vary, but the sentiment is valid.

Last edited by Sweetone; Jul 8, 2018 at 8:25 am Reason: addition
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Old Jul 8, 2018, 8:34 am
  #19  
 
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I'm sorry this happened to your friend, but I would have to agree with others here that there is little/nothing that you can achieve from AA at this point. By declining to file any report at the time the opportunity has passed. AA is unlikely to enter something into a passenger's "file" (if such a thing exists) based on an after-the-fact e-mail. Not to mention that AA's position would probably be that if you are assaulted it is a law enforcement matter, they can call law enforcement if requested but it was declined.
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Old Jul 8, 2018, 9:08 am
  #20  
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I agree it is too late now to pursue this matter with AA or through a lawyer. Waste of time and money.

I would not suggest either than your friend if he really wants retribution, hire a private investigator who could with the info you have available, probably determine the identity of the bully and locate him. The right PI could then confront the bully and teach him a lesson if you get my meaning. That would not be a waste of money if your friend is relatively well off as you suggest, but of course no one here would ever suggest he follow that course.
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Old Jul 8, 2018, 9:25 am
  #21  
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Originally Posted by dulciusexasperis
The right PI could then confront the bully and teach him a lesson if you get my meaning.
what? oh good lord LOL
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Old Jul 8, 2018, 9:33 am
  #22  
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Originally Posted by dulciusexasperis
I agree it is too late now to pursue this matter with AA or through a lawyer. Waste of time and money.

I would not suggest either than your friend if he really wants retribution, hire a private investigator who could with the info you have available, probably determine the identity of the bully and locate him. The right PI could then confront the bully and teach him a lesson if you get my meaning. That would not be a waste of money if your friend is relatively well off as you suggest, but of course no one here would ever suggest he follow that course.
I think you might be watching too much TV.
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Old Jul 8, 2018, 9:36 am
  #23  
 
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Originally Posted by dgcpaphd
He is highly educated and is very independent and healthy. He is a U.S citizen, still works part-time and he travels often. Until this incident, he has never had any problems while traveling.

He has logged well over two million flying miles.
...
My friend said the reasons he did not have the flight attendants write up the assault is that he previously read many reports about instances of passengers being removed from flights for good or sometimes petty reasons. He did not want to be one of those statistics. He also did not want to arrive in a foreign country while charging another passenger with assault.
While it's admirable that you're watching out for your friend, nowhere did you indicate that he actually wants you to take action on his behalf. It sounds like he made a calculated decision -- as an independent, healthy, extremely seasoned traveler -- to avoid potentially delaying his trip. Although you or I might not agree with his decision, shouldn't we trust that he has the capacity to make it (or post on this forum himself if he wants advice)?
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Old Jul 8, 2018, 9:43 am
  #24  
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Originally Posted by david55
I think you might be watching too much TV.
Ah come on david55, have you never daydreamed about how you would kick the crap out of a bully? I've mentally demolished hundreds of people and enjoyed it. Sometimes the mental exercise is almost as good as the real thing. Not of course that I would ever condone doing it in reality.
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Old Jul 8, 2018, 9:55 am
  #25  
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As a starting point, you have pointed out that while your friend may be older, that he is both mentally and physically competent. This is his decision to make and his alone. If he wished this matter pursued, he should have asked the FA's to report the incident and to ask that the aircraft be met by law enforcement.

You have not told us the destination country, but I don't know of one which does not take physical assault with physical evidence, seriously. I also am not sure I understand why AA would cancel your friend's ticket if he reported having been assaulted.

If he now regrets not having pursued this, he could certainly write to AA, include the photo, and provide the bad guy's seat assignment. I doubt that AA will do anything at this stage, but I suppose it does not hurt to have reported this.

Your friend could also report this to the FBI here in the US and to the relevant law enforcement agency in his destination country. I doubt that there is much to be done at this stage, particularly because you have not identified the "foreign country."

I do note that you ask whether "we should report." "We" should not do anything. This is about "he" because it is solely his choice. Many people his age and much older travel and make important decisions and you have made clear that he has full decision-making capability.
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Old Jul 8, 2018, 10:06 am
  #26  
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Originally Posted by dulciusexasperis
Ah come on david55, have you never daydreamed about how you would kick the crap out of a bully? I've mentally demolished hundreds of people and enjoyed it. Sometimes the mental exercise is almost as good as the real thing. Not of course that I would ever condone doing it in reality.
Actually I might be one of a rare breed....but I can say I have NEVER thought of physical violence as a means to get revenge. I always think how I can get them back psychologically and socially.
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Old Jul 8, 2018, 10:48 am
  #27  
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Originally Posted by david55
Actually I might be one of a rare breed....but I can say I have NEVER thought of physical violence as a means to get revenge. I always think how I can get them back psychologically and socially.
One could argue that that would be much the same, revenge being revenge, however it is achieved.

There was as short story (I think by Jeffrey Archer) about a man who had his reputation ruined by a newspaper reporter who wrote an article about an accusation made against the man which was later proven to be untrue. Happens all the time as I'm sure you know. Of course there is rarely a follow up story stating the person was in fact innocent of the accusation, that's not considered newsworthy usually and even if there was a follow up story, it is too late, the person's reputation and career is finished.

So this man decided to have revenge on the reporter. He went to the reporter's house, knocked on the door and when the reporter opened the door, the man punched him in the nose. The reporter promptly called the police and had him arrested for assault. The case went to court and this is when it gets interesting. In court, the man said something like, 'yes your honour, I confess I punched him in the nose and am ready to pay for my crime in whatevever way you deem appropriate. But your honour, I wish to say that I punched him in the nose not just because he reported a story about me that ruined my reputation but also because I believe this reporter is a child abuser and also beats his wife.'

Of course all the other reporters in the court immediately wrote stories with the headlines like, 'news reporter called a child abuser and wife beater'. The reporter's career was ruined in turn.

The beauty of it was that no one can be held 'liable' for anything said in a court of law. Say it on the street and you can be sued, say it in court and nothing can be done to you.

https://www.casamo.com/can-you-sue-f...during-trials/

Makes you wonder why more people don't punch reporters in the nose. LOL
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Old Jul 8, 2018, 12:42 pm
  #28  
 
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Unfortunately you have a game of operator relay here and I am sure you mean well. Your friend needs to be reaching out to AA and law enforcement and not you.
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Old Jul 8, 2018, 12:56 pm
  #29  
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Originally Posted by Science Goy

While it's admirable that you're watching out for your friend, nowhere did you indicate that he actually wants you to take action on his behalf. It sounds like he made a calculated decision -- as an independent, healthy, extremely seasoned traveler -- to avoid potentially delaying his trip. Although you or I might not agree with his decision, shouldn't we trust that he has the capacity to make it (or post on this forum himself if he wants advice)?
Yes, it is true, my friend did not ask me to take action because of the incident.

However, he did ask my advice in connection with alerting AA about the attack and the bully.

My friend also told me that if the attack had happened in the United States, rather than in a foreign country as it did, he would have made a formal complaint against the bully.

I believe the unprovoked attack by the bully upon my friend should be recorded in the files of AA and any other appropriate agency. Based on his attack of my friend, it is clear that the bully is a danger to senior citizens who happen to be near him on an airplane. Let's face facts, there is an element of society that just does not like old people. The bully is in that group.

There was a comment made in an earlier post about revenge. My friend is not looking for revenge. He merely believes that the bully will likely continue his aggressive behavior against other older passengers who could have the misfortune to be on the same flight as the bully.

Lastly, another comment was made advising my friend to report this type incident if it happens in the future. I already disclosed that my friend has logged more than two million miles and has never had any issues on any flights. Therefore, the likelihood of a similar incident happening in the future is nil unless my friend is on the same flight as the bully.

And, then there is justice!
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Old Jul 8, 2018, 1:03 pm
  #30  
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I don't understand the conclusion, based on one data point, that the supposed bully picks on elderly people. For all we know, this bully goes after victims based on their eye color, accent, height, or whatever.
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