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AA FA bitten by purported emotional support animal / ESA 22 Jul 2019

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AA FA bitten by purported emotional support animal / ESA 22 Jul 2019

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Old Jul 25, 2019, 9:12 pm
  #91  
 
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Originally Posted by C17PSGR
That keeps the FA from suing AA.

It doesn't keep the from suing the owner. Of course, AA or its workers comp insurer might have a lien on medical expenses.
Correct - the injured worker cannot sue the employer in civil court in most cases with a handful of exceptions.
However, the injured worker is not barred from suing the responsible third party if it's a party other than the worker's employer. In this case, the FA can (and should) sue the dog owner. AA (and/or its WC insurer) will have subrogation rights for lost wages and medical expenses paid (although this is frequently negotiated).
If the individual has homeowner's insurance, the personal liability component should pay damages. In most states there is strict liability for dog bites, although I wonder what jurisdiction would apply as this happened in-flight?
I dislike litigation but in situations such as this, allow an egregious offender to get away with it is galling
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Old Jul 26, 2019, 1:26 am
  #92  
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Originally Posted by Dallas49er
J
Chairman Parker was recently blasted by an AA FA at an open meeting. Her ..... (pun intended) about AA PAX service was is that she was disparaged by the gate agent over her 2, yes 2, ESA on a trip to CDG as NRSA! How many questions does that beg?

I am unable to find the article, perhaps gary leff, points guy, ...
I was wondering how she flies for work without her pair of ESAs
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Old Jul 26, 2019, 5:20 am
  #93  
 
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Originally Posted by mvoight
I was wondering how she flies for work without her pair of ESAs
Me too. Still looking for the article. Perhaps JonNYC could help?
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Old Jul 26, 2019, 6:39 am
  #94  
 
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Can I bring my emotional support crocodile? It is around 3 m long, about 120 kg and very well behaved for around 10 hours when fed well. Could be an issue on a long flight to HKG.
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Old Jul 26, 2019, 9:49 am
  #95  
 
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Originally Posted by Dallas49er
Me too. Still looking for the article. Perhaps JonNYC could help?
Found this from VFTW .... thought OMAAT had an article that more directly addressed question of how a FA can “need” ESA for personal travel but not for work but can’t find it.

https://viewfromthewing.boardingarea...usiness-class/
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Old Jul 26, 2019, 9:53 am
  #96  
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Originally Posted by Unterwegs
Can I bring my emotional support crocodile? It is around 3 m long, about 120 kg and very well behaved for around 10 hours when fed well. Could be an issue on a long flight to HKG.
A crocodile for a Crocodile Dundee wannabe in 2A on AA's government-immunized JV flights from the US to Australia? Better than in 44E to HKG.
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Old Jul 26, 2019, 9:54 am
  #97  
 
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Originally Posted by Segments


Found this from VFTW .... thought OMAAT had an article that more directly addressed question of how a FA can “need” ESA for personal travel but not for work but can’t find it.

https://viewfromthewing.boardingarea...usiness-class/
Union trumps logic
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Old Jul 26, 2019, 12:11 pm
  #98  
 
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Originally Posted by GUWonder


Airlines also have had dog-breed-related restrictions on what kind of dogs they would accept for check-in.

AA says this:


Yes, but those rules are due to breathing issues that make air travel more dangerous. The list is not derived from one's perception of how 'vicious' they may be.
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Old Jul 26, 2019, 1:20 pm
  #99  
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Originally Posted by LINDEGR
Yes, but those rules are due to breathing issues that make air travel more dangerous. The list is not derived from one's perception of how 'vicious' they may be.
If only, but the list of dog-breed-based restrictions used by AA.com has a high correlation with the restriction lists used by home insurance companies that make an issue over providing coverage when it comes to dogs of the breeds that the insurance companies perceive to be viciously dangerous for their business -- especially given that one of the more common claims under home insurance is related to the liability arising from dog bites. Some states prohibit such dog breed-based profiling by insurance companies, but they did that because insurance companies found it useful to engage in dog breed-based profiling when deciding to whom and how to provide home insurance coverage that included dog bite claims.

So we have landlords, insurance companies and arguably airlines that take issue with dogs of some breeds based on concerns about dog bites.

Last edited by GUWonder; Jul 26, 2019 at 1:31 pm
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Old Jul 26, 2019, 6:42 pm
  #100  
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Originally Posted by OskiBear
Correct - the injured worker cannot sue the employer in civil court in most cases with a handful of exceptions.
However, the injured worker is not barred from suing the responsible third party if it's a party other than the worker's employer. In this case, the FA can (and should) sue the dog owner. AA (and/or its WC insurer) will have subrogation rights for lost wages and medical expenses paid (although this is frequently negotiated).
If the individual has homeowner's insurance, the personal liability component should pay damages. In most states there is strict liability for dog bites, although I wonder what jurisdiction would apply as this happened in-flight?
I dislike litigation but in situations such as this, allow an egregious offender to get away with it is galling
I also don't know what law would apply, but as the link I posted in Post #61 indicates, Texas (the flight's origin) has a one-bite rule; North Carolina (the flight's destination) is a strict-liability state only for dogs that meet the state's definition of "dangerous."
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Old Jul 26, 2019, 8:29 pm
  #101  
 
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Originally Posted by GUWonder
If only, but the list of dog-breed-based restrictions used by AA.com has a high correlation with the restriction lists used by home insurance companies that make an issue over providing coverage when it comes to dogs of the breeds that the insurance companies perceive to be viciously dangerous for their business -- especially given that one of the more common claims under home insurance is related to the liability arising from dog bites. Some states prohibit such dog breed-based profiling by insurance companies, but they did that because insurance companies found it useful to engage in dog breed-based profiling when deciding to whom and how to provide home insurance coverage that included dog bite claims.

So we have landlords, insurance companies and arguably airlines that take issue with dogs of some breeds based on concerns about dog bites.
now, if only owners had the same concerns :-)
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Old Jul 26, 2019, 9:00 pm
  #102  
 
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Originally Posted by Segments


Found this from VFTW .... thought OMAAT had an article that more directly addressed question of how a FA can “need” ESA for personal travel but not for work but can’t find it.

https://viewfromthewing.boardingarea...usiness-class/
So she was upset that she had not 1 but 2 ESAs pets masquerading as ESAs in complete violation of AAs policy which limits these nutjobs to 1 ESA and to boot she had the audacity to complain about it to her CEO...she sounds like a special one that I'd hope to never have working a flight I'm on.
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Old Jul 26, 2019, 11:52 pm
  #103  
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Originally Posted by ryan182
So she was upset that she had not 1 but 2 ESAs pets masquerading as ESAs in complete violation of AAs policy which limits these nutjobs to 1 ESA and to boot she had the audacity to complain about it to her CEO...she sounds like a special one that I'd hope to never have working a flight I'm on.
What medical professional prescribed her 2 ESAs?
It is bad enough to have 1, but 2 should NEVER BE PERMITTED
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Old Jul 26, 2019, 11:54 pm
  #104  
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Originally Posted by mvoight
What medical professional prescribed her 2 ESAs?
It is bad enough to have 1, but 2 should NEVER BE PERMITTED
One animal for each personality? She could be entitled to a lot more.....
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Old Aug 1, 2019, 5:02 am
  #105  
 
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Originally Posted by GUWonder
If only, but the list of dog-breed-based restrictions used by AA.com has a high correlation with the restriction lists used by home insurance companies that make an issue over providing coverage when it comes to dogs of the breeds that the insurance companies perceive to be viciously dangerous for their business -- especially given that one of the more common claims under home insurance is related to the liability arising from dog bites. Some states prohibit such dog breed-based profiling by insurance companies, but they did that because insurance companies found it useful to engage in dog breed-based profiling when deciding to whom and how to provide home insurance coverage that included dog bite claims.

So we have landlords, insurance companies and arguably airlines that take issue with dogs of some breeds based on concerns about dog bites.
I hate to be slow, but are we talking about what the insurance carriers “perceive”, or what they have determined through empirical evidence?
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