Passenger of size: actual injury claim from adjacent passenger
#91
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I don't think BA CSM saying armrest closes has much relevance. The majority of POS's bulk, and width, is the upper torso , chest+shoulder height, which is wider than the seat width and 'crushing' the complainant passenger
To my mind any CSM simply stating that armrest down is ignoring the point that is the real underlyng issue, the POS's upper torso bulk and consequential encroachment at upper body level, above the seats arm rest. I can quite believe an overwight tall passenger can comfortably have armrest down, but totally squash adjacent passenger at chest to shoulder level, and if impacted passenger is 6inxhes or more shorter, could well have the POS passengers weight resting on their shoulders and squashing them in a damaging way
o Max width of a person is not in the legs, bum, waist, but in the widening upper torso from waist upto shoulders.
o Most of the size and weight of any person, whether due to being overweight or exceptionally tall, or even well developed (muscular) is in that torso
o A pot belly, flabby chest, etc does not impinge on your seat width being wide enough at 18inches to sit you bum.
o The average POS torso at armrest height will reach whole seatswidth, so POS resting their arms on armrests will be encroaching, and worse f POS angles arms you get their elbows encroaching more
o If POS is appreciably taller than seat neighbour, it is even worse as POS's weight can bear down on shorter passengers shouders/chest huring back , and in this case pelvis area, especially with n 7-12hr longhaul flight
To my mind any CSM simply stating that armrest down is ignoring the point that is the real underlyng issue, the POS's upper torso bulk and consequential encroachment at upper body level, above the seats arm rest. I can quite believe an overwight tall passenger can comfortably have armrest down, but totally squash adjacent passenger at chest to shoulder level, and if impacted passenger is 6inxhes or more shorter, could well have the POS passengers weight resting on their shoulders and squashing them in a damaging way
o Max width of a person is not in the legs, bum, waist, but in the widening upper torso from waist upto shoulders.
o Most of the size and weight of any person, whether due to being overweight or exceptionally tall, or even well developed (muscular) is in that torso
o A pot belly, flabby chest, etc does not impinge on your seat width being wide enough at 18inches to sit you bum.
o The average POS torso at armrest height will reach whole seatswidth, so POS resting their arms on armrests will be encroaching, and worse f POS angles arms you get their elbows encroaching more
o If POS is appreciably taller than seat neighbour, it is even worse as POS's weight can bear down on shorter passengers shouders/chest huring back , and in this case pelvis area, especially with n 7-12hr longhaul flight
#92
Join Date: Oct 2017
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With apologies for the reading matter - case dismissed - https://www.dailymail.co.uk/news/art...OSES-case.html
#93
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With apologies for the reading matter - case dismissed - https://www.dailymail.co.uk/news/art...OSES-case.html
#96
Join Date: Dec 2017
Location: Stockholm, Sweden.
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Terrible situation for all concerned, including big person.
On the train it only takes three people to be sat next to each other for everyone to be pressing. It's so unpleasant that many people prefer to stand. It's not very nice for me as it triggers my hidden disability (hidden) symptoms. But of course many people do not like this, disabled or not.
I once sat next to a huge last who did her best not to encroach and who looked ill at ease. There are no winners in these circumstances.
On the train it only takes three people to be sat next to each other for everyone to be pressing. It's so unpleasant that many people prefer to stand. It's not very nice for me as it triggers my hidden disability (hidden) symptoms. But of course many people do not like this, disabled or not.
I once sat next to a huge last who did her best not to encroach and who looked ill at ease. There are no winners in these circumstances.
#97
Join Date: Dec 2017
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Maybe he's suggesting an unconscious bias.
A lot of minorities, and protected groups have been trying this angle under the equality act. I have my doubts about its validity as an argument but seems to gain a lot traction in the work environment maybe because of social media influence ('influencers')/reputation. Seems an excuse (unconscious bias) for people to have an unfair advantage and push the change bandwagon.
A lot of minorities, and protected groups have been trying this angle under the equality act. I have my doubts about its validity as an argument but seems to gain a lot traction in the work environment maybe because of social media influence ('influencers')/reputation. Seems an excuse (unconscious bias) for people to have an unfair advantage and push the change bandwagon.
Last edited by RollAnotherFatOne; Nov 29, 2018 at 4:54 am
#98
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i must consider my options on playing the age/back/hearing/vision issues ifI ever travel in such a cabin (which I wouldn’t).
I feel a bit sorry for Mr Prosser (uncomfortable), more so for the gentleman of size (for the public embarassment, and for having to fly Y) .... and no symapthy for the Lawyers who tried to run with this one.
I feel a bit sorry for Mr Prosser (uncomfortable), more so for the gentleman of size (for the public embarassment, and for having to fly Y) .... and no symapthy for the Lawyers who tried to run with this one.
#99
Join Date: Dec 2009
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A link that isn't the Daily Hate Mail: https://www.theguardian.com/business...bese-passenger
I have to note that the amount at stake was not a ridiculous telephone number, but a reasonable loss of earnings. In any case, the judge did not see things Mr Prosser's way.
I have to note that the amount at stake was not a ridiculous telephone number, but a reasonable loss of earnings. In any case, the judge did not see things Mr Prosser's way.
#100
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Honestly whatever way you spin this I really sympathise with the passengers stuck next to someone who didn't fit in the seat. I had to endure that once next to a very amply sized chap on a United flight for 4 hours in the US. It never occurred to me to sue lol and so long has passed I have no idea what the flight number date etc even was. But it was horrific, and due to turbulence I was forced to sit back down constantly despite not fitting in my seat with him there and having to lean out into the aisle with the immovable armrest dug into me. I was in a lot of pain for a lot of days.
In one way I thank that flight for making me realise what 'domestic first' on AA was and that while it costs similar to club europe it's somehow not complete turd for a seat and actually spacious and comfortable (other negatives do apply ofc but...). But really I'd prefer a world where people who don't fit in seats aren't allowed to book them and/or airlines have different seat size options so it's not a case of 'buy first' or make fellow passengers suffer if you don't fit in economy. A few rows of wider seats for passengers, for a few quid more seems like a solution we'll need sooner rather than later the way the average size of people is changing in the opposite direction from the average size of seats. It's not something that would have made me stress 20 years ago but in the US where the average chap is a lot bigger and the % chance of this agony happening to you is higher I'll always wait till tomorrow if that's the only option during IRROPS for me to stay in first... just in case.
In one way I thank that flight for making me realise what 'domestic first' on AA was and that while it costs similar to club europe it's somehow not complete turd for a seat and actually spacious and comfortable (other negatives do apply ofc but...). But really I'd prefer a world where people who don't fit in seats aren't allowed to book them and/or airlines have different seat size options so it's not a case of 'buy first' or make fellow passengers suffer if you don't fit in economy. A few rows of wider seats for passengers, for a few quid more seems like a solution we'll need sooner rather than later the way the average size of people is changing in the opposite direction from the average size of seats. It's not something that would have made me stress 20 years ago but in the US where the average chap is a lot bigger and the % chance of this agony happening to you is higher I'll always wait till tomorrow if that's the only option during IRROPS for me to stay in first... just in case.
#101
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It appears Mr Prosser was not happy with the learned DJ’s judgment. This one is apparently heading to the Court of Appeal.
For those who who are interested, here’s the original (official) judgment:
https://www.bailii.org/ew/cases/Misc/2018/B13.html
Here’s the story from The Independent which says the hearing is today.
https://www.independent.co.uk/travel...-a8819086.html
For those who who are interested, here’s the original (official) judgment:
https://www.bailii.org/ew/cases/Misc/2018/B13.html
Here’s the story from The Independent which says the hearing is today.
https://www.independent.co.uk/travel...-a8819086.html