Compensation due to possible pilot error?

Old Mar 25, 2019, 5:47 pm
  #1  
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Compensation due to possible pilot error?

Hi all,

Wondering if you have any input on this scenario. I was on a flight from LAX to LHR on Mon Feb 11. We were delayed by six hours because during taxi towards the takeoff runway, the plane ran over some metal that caused the tires to go flat and need replacement.

Since this was not weather related, I submitted a compensation claim, but it was denied because the issue was due to "factors out of our control". Wondering if this was just their easy out, or if really I don't have a legitimate compensation claim. We arrived to LHR so late that I missed my connection and had to stay overnight.

Any advice on whether I should appeal?

thanks,
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Old Mar 25, 2019, 5:58 pm
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Sounds very frustrating but it doesn't sound like pilot error to me- assuming a/c was on the taxiway (and if there had been a runway/taxiway excursion then the delay would probably have been longer). That said I'm not familiar with the compensation rules, but I'm sure someone on here will give your a definitive answer!
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Old Mar 25, 2019, 6:26 pm
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I think this is the incident discussed in post 177 onwards in the compensation thread The 2019 BA compensation thread: Your guide to Regulation EC261/2004
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Old Mar 25, 2019, 6:37 pm
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Could OP explain why the suggestion of "pilot error"? I assume he has information that wasn't mentioned in the other thread?
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Old Mar 25, 2019, 7:23 pm
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Originally Posted by Bullswood
Could OP explain why the suggestion of "pilot error"? I assume he has information that wasn't mentioned in the other thread?
Why do you assume that?

Many people don't understand how it all works, if the aircraft as on the taxiway, as South London Bon Viveur says, then its the aerodrome's duty to ensure no FOD obstructs it, not the pilots. An aircraft's blindspot is a tad worse than most lorries. I'd imagine under EU261 this qualifies as circumstances beyond the airline's control, not sure if that's sufficient or if they have to be extraordinary, and whether this would be considered extraordinary, too.
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Old Mar 25, 2019, 9:54 pm
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Thanks, all. I see the other thread now. Feel free to delete this as a duplicate.
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Old Mar 26, 2019, 1:49 am
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Originally Posted by skywardhunter
Why do you assume that?

Many people don't understand how it all works, if the aircraft as on the taxiway, as South London Bon Viveur says, then its the aerodrome's duty to ensure no FOD obstructs it, not the pilots. An aircraft's blindspot is a tad worse than most lorries. I'd imagine under EU261 this qualifies as circumstances beyond the airline's control, not sure if that's sufficient or if they have to be extraordinary, and whether this would be considered extraordinary, too.
Quite so..."possible pilot error" in the title is a very odd suggestion, so I was simply querying whether OP knew something not in the thread reports (e.g. I suppose hitting a taxiway edge light or a barrier might just qualify, but certainly not FOD).
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