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Advice needed - assault on AA flight

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Old Jul 7, 2018, 9:30 pm
  #1  
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Advice needed - assault on AA flight

Last week my friend, who is in his eighties, was traveling alone (in business class) on an American Airlines flight to a foreign country. Despite his advanced age, he is not senile and he is not disabled. 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.

During my friend's most recent flight there was a male passenger sitting in the seat just ahead of my friend. The man periodically walked around in the airplane talking with various passengers standing in the aisle.

While the man stood in the aisle talking with other passengers, he partially blocked the aisle. This means that while the man partially blocked the aisle, he also partially blocked clear access to the restrooms.

My friend told me that he had to get up to use the restroom about an hour before arrival in the foreign country. My friend said he politely tried to get past the man partially blocking the aisle. My friend said that as he tried to get past the man, the man backed further into the aisle aggressively blocking the aisle even more. Then my friend said to the man, "excuse me."

Instead of the man letting my friend pass, the man strongly elbowed my friend, knocking the wind out of my friend. After striking my friend with his elbow, the man made an immediate aggressive pose as though he was going to attack my friend.

My friend returned to his seat. The man then looked over at my friend sitting there in a state of bewilderment over what had happened. The man then said my friend was rude which is why he stopped him from passing. My friend then asked the man why he struck him as he did. The man denied striking my friend.

My friend said he told two of the flight attendants about the incident of the man deliberately striking him with his elbow. One flight attendant offered to "write up" the incident. The second flight attendant offered to have my friend sit in a different seat on the plane. By this time, it was getting close to landing so my friend declined going to a different seat.

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.

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.

No one, especially a man in his eighties, needs to be booted off of a flight and get stranded in a foreign country because of the inappropriate behavior of a bully passenger.

I have seen a photo of the large bruise to my friend's arm that was caused by his being struck by the bully who intentionally hit him during the flight.

I also saw a photo (taken by my friend) of the bully. The photo shows him again later blocking the aisle while he was standing and talking to other passengers after he struck my friend.

Knowing the flight number, the date and the seat number should not be difficult to locate the bully considering a photo of him now exists. I am confident the two flight attendants would recall the incident.

Advice needed:

Should I contact some federal agency on behalf of my friend about the unprovoked assault on a senior citizen who only wanted to use the restroom?

Should we contact AA even though it is assumed they already know about the incident despite no formal complaint being made?

Does DOT have authority over this or do federal elder abuse laws have jurisdiction?

Given the behavior of the bully, it is likely that he has exhibited similar aggression in the past to other senior citizens. The bully could very well do it again to another senior citizen on AA or another airline or elsewhere.

I cannot help but wonder if the bully would have had the guts to strike (strongly elbow) a young strong male who tried to pass the bully while the bully was blocking the aisle to the restroom.

Like I wrote - advice needed -
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Old Jul 7, 2018, 10:15 pm
  #2  
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Originally Posted by dgcpaphd
Last week my friend, who is in his eighties, was traveling alone (in business class) on an American Airlines flight to a foreign country. Despite his advanced age, he is not senile and he is not disabled. 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.

During my friend's most recent flight there was a male passenger sitting in the seat just ahead of my friend. The man periodically walked around in the airplane talking with various passengers standing in the aisle.

While the man stood in the aisle talking with other passengers, he partially blocked the aisle. This means that while the man partially blocked the aisle, he also partially blocked clear access to the restrooms.

My friend told me that he had to get up to use the restroom about an hour before arrival in the foreign country. My friend said he politely tried to get past the man partially blocking the aisle. My friend said that as he tried to get past the man, the man backed further into the aisle aggressively blocking the aisle even more. Then my friend said to the man, "excuse me."

Instead of the man letting my friend pass, the man strongly elbowed my friend, knocking the wind out of my friend. After striking my friend with his elbow, the man made an immediate aggressive pose as though he was going to attack my friend.

My friend returned to his seat. The man then looked over at my friend sitting there in a state of bewilderment over what had happened. The man then said my friend was rude which is why he stopped him from passing. My friend then asked the man why he struck him as he did. The man denied striking my friend.

My friend said he told two of the flight attendants about the incident of the man deliberately striking him with his elbow. One flight attendant offered to "write up" the incident. The second flight attendant offered to have my friend sit in a different seat on the plane. By this time, it was getting close to landing so my friend declined going to a different seat.

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.

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.

No one, especially a man in his eighties, needs to be booted off of a flight and get stranded in a foreign country because of the inappropriate behavior of a bully passenger.

I have seen a photo of the large bruise to my friend's arm that was caused by his being struck by the bully who intentionally hit him during the flight.

I also saw a photo (taken by my friend) of the bully. The photo shows him again later blocking the aisle while he was standing and talking to other passengers after he struck my friend.

Knowing the flight number, the date and the seat number should not be difficult to locate the bully considering a photo of him now exists. I am confident the two flight attendants would recall the incident.

Advice needed:

Should I contact some federal agency on behalf of my friend about the unprovoked assault on a senior citizen who only wanted to use the restroom?

Should we contact AA even though it is assumed they already know about the incident despite no formal complaint being made?

Does DOT have authority over this or do federal elder abuse laws have jurisdiction?

Given the behavior of the bully, it is likely that he has exhibited similar aggression in the past to other senior citizens. The bully could very well do it again to another senior citizen on AA or another airline or elsewhere.

I cannot help but wonder if the bully would have had the guts to strike (strongly elbow) a young strong male who tried to pass the bully while the bully was blocking the aisle to the restroom.

Like I wrote - advice needed -
I'd help your friend contact AA direct. Since he declined to have the FA write up an incident or requested law enforcement to meet the plane I doubt much can or will get done. Unfortunately because he didn't have a report filed it will likely be a he said/he said kind of thing.
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Old Jul 7, 2018, 10:23 pm
  #3  
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Does he have a photo of the injury? Witnesses to the actual attack?
I doubt law enforcement would do much, but he might want to sue the guy, especially if the bully is an American.
I don't quite understand why he had a fear of his return flight being canceled by AA for reporting an assault against him. That's not even logical.
If there was a law enforcement issue to be made, a report should have been done at that time.

Since you have asked for advice, here is my final piece. Don't do anything. Let it go. It is a bit too late to involve law enforcement, IMHO
At most, tell your friend he should report such things in the future, to the FA, and have them have law enforcement meet the plane when it lands.
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Last edited by mvoight; Jul 7, 2018 at 11:36 pm
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Old Jul 7, 2018, 10:30 pm
  #4  
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If your friend is not senile, even though elderly, it appears he decided not go do anything at the time of the incident. Why second guess it at this point? Unless he’s just fishing for compensation.
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Old Jul 7, 2018, 10:39 pm
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Perhaps this is a silly question, but what's the outcome you're looking for? To have law enforcement press assault charges? To get compensation from the airline? Something else?
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Old Jul 7, 2018, 10:47 pm
  #6  
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It sounds like the evidence is that there is a photo of someone standing in the aisle and a photo of a bruise - is there any evidence of an assault ?

Given that the person declined to report it at the time and enable it to be investigated then, I don't see that there is anything that reporting it now would do.
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Old Jul 7, 2018, 10:54 pm
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Originally Posted by dgcpaphd
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.

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.
As bad as United has been, not even they have removed a passenger from a flight that was already in the air. Just seems an odd line of thinking for someone who is well-educated and well-traveled.
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Old Jul 8, 2018, 2:03 am
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Originally Posted by Dave Noble
It sounds like the evidence is that there is a photo of someone standing in the aisle and a photo of a bruise - is there any evidence of an assault ?

Given that the person declined to report it at the time and enable it to be investigated then, I don't see that there is anything that reporting it now would do.
I am not entirely sure which countrys laws apply in this case, but certainly if US law then there are a plethora of examples of where somebody can press charges of assault days/weeks/months/years after it occurred.
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Old Jul 8, 2018, 3:28 am
  #9  
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Originally Posted by whimike
I am not entirely sure which countrys laws apply in this case, but certainly if US law then there are a plethora of examples of where somebody can press charges of assault days/weeks/months/years after it occurred.
There is a need to provide proof of it happening - which I would suggest would be rather difficult to prove in this case given how it wasn't reported

How would the person even be able to give the name of alleged attacker?
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Old Jul 8, 2018, 4:23 am
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Originally Posted by whimike
I am not entirely sure which countrys laws apply in this case, but certainly if US law then there are a plethora of examples of where somebody can press charges of assault days/weeks/months/years after it occurred.
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.
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Old Jul 8, 2018, 6:36 am
  #11  
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No, not looking for compensation

Originally Posted by Jaimito Cartero
-
If your friend is not senile, even though elderly, it appears he decided not go do anything at the time of the incident. Why second guess it at this point? Unless he’s just fishing for compensation.
As I previously wrote, my friend is highly educated. He was very successful in his career and he is quite financially comfortable. He is not looking for compensation.

What he is looking for is to have AA enter this incident in the bully's file with AA. That way, if the bully abuses another elderly person aboard their aircraft in the future, the bully will not be allowed to fly.
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Old Jul 8, 2018, 6:47 am
  #12  
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Originally Posted by justhere

As bad as United has been, not even they have removed a passenger from a flight that was already in the air. Just seems an odd line of thinking for someone who is well-educated and well-traveled.
I don't know how often you read travel blogs and news reports regarding travel.

I have read of numerous instances where an aircraft was diverted for a number of unusual instances such as lavatories not working, drunks on board, confrontation with flight crews to name just a few..

Certainly, a bully intentionally striking an elderly passenger, for no legitimate purpose, could easily be within the guidelines for such a diversion.

My friend did not want that to happen.
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Old Jul 8, 2018, 6:57 am
  #13  
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Originally Posted by Dave Noble

There is a need to provide proof of it happening - which I would suggest would be rather difficult to prove in this case given how it wasn't reported

How would the person even be able to give the name of alleged attacker?
However, the incident was reported to two flight crew members. No formal report was prepared but those two crew members knew of the incident and offered to assist.

As I wrote, identifying the bully will be easy.

We know the flight number, the date and the seat number of the bully. Plus, my friend has a photo of the bully. With those data points, AA can provide the name of the bully.

My friend also has a photo of the large bruise to his arm where the bully intentionally elbowed him as he tried to pass the bully in the aisle.
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Old Jul 8, 2018, 7:03 am
  #14  
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Sorry OP but it’s too late now. That ship has sailed.
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Old Jul 8, 2018, 7:05 am
  #15  
 
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Originally Posted by dgcpaphd
However, the incident was reported to two flight crew members. No formal report was prepared but those two crew members knew of the incident and offered to assist.

As I wrote, identifying the bully will be easy.

We know the flight number, the date and the seat number of the bully. Plus, my friend has a photo of the bully. With those data points, AA can provide the name of the bully.

My friend also has a photo of the large bruise to his arm where the bully intentionally elbowed him as he tried to pass the bully in the aisle.
The problem is that there is no proof that the guy in your friend’s photo, i.e. “alleged bully” did anything to “cause” the now-photographed bruise that your friend now has. The appropriate manner of dealing with this would have been letting the flight attendants appropriately do their job, file a report and letting the local authorities meet the plane.

I can’t see AA doing much here because if I were the accused “bully,” I would simply say I have no idea what they are talking about, that I only got up from my seat during the flight to use the restroom and remained a model prisoner for the duration of the flight. Do you really expect them to punish another business class passenger without proof that he did anything wrong?
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