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Passenger of size: actual injury claim from adjacent passenger

Passenger of size: actual injury claim from adjacent passenger

Old Nov 16, 18, 8:39 am
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Passenger of size: actual injury claim from adjacent passenger

https://metro.co.uk/2018/11/16/man-s...enger-8147025/

At what point is it unfair for a larger passenger not to purchase an extra seatóor pay for an upgrade? If you donít fit in a 17Ē wide seat or between seat rows that are in the 31Ē range, do you get to borrow from adjacent passengers?
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Old Nov 16, 18, 8:48 am
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Opinion is divided, but he seems to have taken his time bringing this to Court.

during the flight from Bangkok to London Heathrow on January 10, 2016
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Old Nov 16, 18, 8:51 am
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23 stone isnt THAT huge? If he was 50 stone I could understand.
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Old Nov 16, 18, 9:01 am
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On reading the article it appears the guy was 6ft 5 and solidly built not fat. I would argue that he would have been in a lot more discomfort being wedged into a middle economy seat than the little guy in the window seat! Personally speaking at 6ft 4 my knees are often jammed into the seat in front inconveniencing myself and the passenger in front as they are unable to recline, i feel as bad for them as i do for myself.

It sounds like the crew did try to accommodate the complainant as much as possible. It would have been a smart move to try and reallocate this tall passenger to an aisle seat however i cant see anyone being willing to swap with him for a middle seat on a 13 hour flight...doesn't seem there was much they could do.

Irrespective i personally think that airlines should proactively try to accommodate taller passengers in exit seats.or aisle seats where possible to avoid this ever being an issue. Being tall is not something you have any control over whereas you could argue you have an element of control over how wide you are....

Out of interest can anyone advise how american carriers get around this? I believe there is a policy around purchasing or allocating two seats for larger passengers?
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Old Nov 16, 18, 9:11 am
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In cases like this everyone is left in a very awkward situation. I've been on flights where the person next to me has spilled over into my space leaving both passengers feeling very uncomfortable. Fortunately, this has been only on short haul - brief journeys. I wonder if this problem is increasing (with waistlines) or if it is simply reported more?
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Old Nov 16, 18, 9:24 am
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As a general rule if you do not fit into the seat you should get two seats or a premium seat where you fit, at your own expense.

I frankly do not understand why passengers should put up with this inconvenience.

That said, SUING BA over this seems a bit too much IMO.
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Old Nov 16, 18, 9:27 am
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The rule is that the armrest should able to go fully down, if they do not an extra seat or a cabin with a wider seat has to be paid for.
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Old Nov 16, 18, 9:29 am
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Originally Posted by frandrake View Post
As a general rule if you do not fit into the seat you should get two seats or a premium seat where you fit, at your own expense.

I frankly do not understand why passengers should put up with this inconvenience.

That said, SUING BA over this seems a bit too much IMO.
What if you do not fit due to airlines densifying their configurations and reducing seat pitch/width/legroom?
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Old Nov 16, 18, 9:30 am
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You don’t fly with that airline, it’s your choice and your money.
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Old Nov 16, 18, 9:31 am
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Itís a problem that airlines will have to solve. In a world where people are no longer conforming to the one size fits all airline seat, something has to be done.

There are two parts to this, the airline should accommodate ďpassengers of sizeĒ where and when the can. I know certain airlines have started selling comfort seats, I think virgin Atlantic are one of these carriers that do. Also it should also be on the passenger, to be aware that if they do not fit into the one size fits all airline seat, to contact the airline in advance to make arrangements possible.

its not the passengers fault the airline tries to sardine as many people as they can into economy, but airlines also canít make every seat custom fit.

i am in no way a skinny guy, but not overweight either (too many G&Tís in the lounge &#128515 and I can find the seats down the back narrow at times.
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Old Nov 16, 18, 9:33 am
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Originally Posted by frandrake View Post
As a general rule if you do not fit into the seat you should get two seats or a premium seat where you fit, at your own expense.

I frankly do not understand why passengers should put up with this inconvenience.

That said, SUING BA over this seems a bit too much IMO.
If I were really crushed and there was no other seat available, I'd have stood most of the time (or sat on my bag in the galley, more likely, since I can't stand for long due to injuries) with lots of apologies to the cabin crew for getting in their way, had that fact put on record by the SCCM, and asked for a goodwill gesture from BA on the basis that I did not get a full seat (because once we take off, and the flight is full, there really isn't much that can be done about it).

I'd however ask to be offloaded if still on the ground in the absence of a solution, although I'd feel terribly bad about causing a delay due to having to find my luggage. I cannot stand for long, so it would be a very unpleasant flight if I had to choose between standing and being crushed, so the only solution is to get off.

I don't think I'd have taken them to court for an injury incurred, by preventing myself from suffering a long-term injury in the first place (by not being in that seat). But I can see it can probably be a bit more awkward for an infrequent flyer to decide what to do in the situation.

When I got crushed on VS (many years ago though) by a very large man next to me, they put me in a cabin crew jump seat for the cruise. Rather upright, but still better than being crushed.

Originally Posted by Jambon87 View Post
I know certain airlines have started selling comfort seats, I think virgin Atlantic are one of these carriers that do.
So do BA.

Last edited by LTN Phobia; Nov 16, 18 at 9:51 am
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Old Nov 16, 18, 9:40 am
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First and foremost, while this issue goes to comfort, it also goes to health and safety. As a health and safety issue, it ought to be addressed by the crew in the same way the crew would address someone smoking with a laptop open on a tray table during takeoff or landing. However, it is not always quite so obvious and it may not be directly related to weight or height, but rather "width". A very tall and thin person will be uncomfortable, but a short and fat person may impinge on the next person's space.

In the first instance, this should be dealt with before boarding if possible. If not, crew need to be aware of it. If not dealt with, it befalls the "victim" passengers to bring it to crew attention.

Crew need to deal with it before the aircraft moves, just as they would deal with a person who can't walk in an exit row. It is neither a criticism nor a discriminatory move against any person and that is why BA, and most carriers, have a specific standard.

If the passenger doesn't fit, it is BA's discretion as to how it makes the situation safe. If there is no safe situation, the passenger must be offloaded and the situation deal with anew.

Turning this into a compensation and "goodwill" issue diminishes the safety aspect. Similarly, one should be equally unmoved by "densifying" arguments and the like. It may be that something ought to be done about that issue, but the solution to that issue is not to violate safety rules in another area any more than people who complain that they ought to be permitted to carry steamer trunks onboard because they are dissatisfied with the speed of luggage delivery.
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Old Nov 16, 18, 9:40 am
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From BA.com, very clear I would say.

If you would like the seat next to you to be kept free for additional personal space, you can buy it as an extra seat for comfort.

You will need to buy yourself an extra seat for comfort if:
  • you're travelling in economy and need more space to easily fasten your seatbelt for take-off, landing or during periods of turbulence
    or
  • you're unable to fully lower both armrests of your seat as it is a safety requirement to have a fully lowered armrest between each passenger during take-off, landing and turbulence.
We can provide you with an extension seatbelt, if you should need it.

Please note:
  • An extra seat does not give additional seat width – see our seat dimensions guide on this page for the minimum seat widths on our aircraft.
  • On most of our long haul aircraft, the armrests in the economy cabin do not fold away into the seat back completely. They stop at an angle of 45 degrees when lifted and cannot be raised further.
  • There must be a fully lowered armrest between each passenger during take-off, landing and turbulence.
  • Armrests are fixed in our First, business (Club World) and premium economy (World Traveller Plus) cabins and cannot be raised or lowered.
  • You cannot buy an extra seat for comfort at the bulkhead or on an exit row.
  • You will not be able to buy an extra seat on a British Airways operated flight if your journey includes a flight operated by another airline.
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Old Nov 16, 18, 9:40 am
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Originally Posted by Can I help you View Post
You donít fly with that airline, itís your choice and your money.
With all due respect i have yet to encounter a single economy seat that i can sit in without my knees clashing on the underside of a tray table or seat pouch full of literature.. and the problem is only getting worse. I can assure you if I had a choice of unencumbered leg space i would take it!

By your logic I am forced to always pay more money to fly and i would not class myself as being abnormally tall.

Thankfully most airlines/staff adopt a common sense approach to this and i ensure I check in as soon as possible to ensure i have a choice of seat.
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Old Nov 16, 18, 9:45 am
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Most airlines, name them?
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