danielonn

Perhaps I can put it into perspective.

I walk into the Delta SkyClub (when you enter in any building you are accepting the risks involved) and you go into the shower room and slip and fall and break open your head. Now you need stitches. You took a risk of this happening and a shower room has its implied risks. For instance in the locker room of a local Community College an elderly student fell and broke open his head(I witnessed it). and we had to call for the ambulance. As far as I know we filled out an incident report and perhaps this elderly student needed an aid for the shower room or not even use it.

My point is with everything you do in life there are risks. At Starbucks a customer spills a beverage on your laptop. While its nice to offer help to pay for it if they refuse to do so Starbucks is not held responsible for the damage as they are doing a service by providing Free WiFI.

I fell on glass at my Uncle's home in Israel. We did not sue him for negligence. I now have a scar on my hand(I am sure much larger than the OP's scar) that goes down the entire length. It does not bother me one bit. Just a part of life.

Now why would the OP sue unless they severed a limb and even then it may be hard to prove. Remember there is foreseeable and unforeseeable negligence that one has to prove along with Duty Of Care. If a band aid and anti septic was provided and the Flight Crew did not see any potential serious adverse affect or referred the OP to see his or her PCP and they documented it then that is all they are responsible for. The flight crew are not Doctors. They are trained in CPR/AED and basic first aid and I am sure would ave called for a Doctor on board if it were serious.

Me thinks the OP had a paper cut or it may have looked big but in reality was nothing more than a small bruise. I've had non cancerous cysts removed and yes there is a scar well that is part of life.

Let's get the popcorn out as we await the OP to come back or perhaps someone will either keep the thread going or it will die down.

danielonn

Remember this after the lawsuit Delta can go ahead and ban the OP from ever flying Delta and its SkyTeam Partners and even close down their SkyMiles account especially if its so minute. Just like any business can refuse to not allow a person to frequent it.

So OP I would be very careful with a lawsuit. If you only get $1,000 if even that is it worth your time? Now if Delta would settle with a $200 voucher and maybe an additional 10,000 miles then I would just accept that. I would write back to Delta using the Contact Us asking them to reconsider their offer and to revisit the safety procedures with the crew so this can be prevented.

Now for some questioning like a lawyer or Judge would do for fact finding. Was there turbulence and the Flight Attendants were trying to secure the cabin and did not fully engage the brake on the cart? Was the cart secure at all times? Thees are questions a lawyer would ask before taking on a case. Who was a witness? Did the OP get witnesses from seatmates? Statements from the crew? Delta has good lawyers that they pay well even if they are not working on a major case for this reason. These small lawsuits can actually harm us passengers by raising the cost of travel or hindering other methods of compensation.

I for one was not happy with what was offered to me and I responded to the Case Manager who re-read the incident and came back at me with a counteroffer which I took. I was happy and reiterated my loyalty for Delta and they were happy they resolved it.

Its the people who say "I will never fly x airline again" or will bash them all over Social Media or on Yelp. I myself fill out all of the surveys and write into Customer Care with Praise and Feedback. As soon as you threaten a lawsuit(for a small case) then the Delta Customer Service Rep has to refer you to the Legal Team who cannot give much in the way of compensation unless Risk Management decides to send you a non-disclosure letter settling this case out of court via a letter that you sign and notarize before a check is sent. Its your call OP.

For me if Delta offers me a voucher or miles then I am happy as I use them for my travels.

OP How would you feel if you were sued for every little bump and bruise you caused? If you were sued for every little bump on your new car? I mean if its a major incident like being burnt by hot scalding water or such an an injury where you would be out of work/competition for months, years or permanently then that is when you consider suing when a case is for $$$ plus lawyer and court fees.

If your case is below a certain amount transportation law is not like Civil Law where you can go to Small Claims Court . I believe you would have to sue Delta in Atlanta and then by the time you pay he cost of travel and hotels etc you would have very little if none left.

In the Cruise Industry if you have to sue you would do it where the cruiseline has their corporate office and then you are under international law as its registered in the Caribbean for instance. Every sector of the transportation industry has its own set of rules. So you would need to read the Terms and Conditions carefully!

Its not that hard for Delta to win the case and hold you responsible for the fees. There are no cameras in the cabin so its a "He said she said" situation and even if someone recorded it would they spend time to supernova the footage unless a crime was committed.

If this went before Judge Judy she would look at your evidence and say"While this was a unfortunate accident we all get bumps and bruises. You see life is about getting a small bruise while the scar may last for life is it ruining your career? There are some people who have gotten third degree burns and are working! So what makes you think your case is harsher? Go and volunteer at your local Burn Center and come back here and let us know if your case is really one to go and take to court Judge Judy would even say I am sure that by Delta offering you 10,000 miles while they did not have to is more than enough and would rule in their favor unless it was proven otherwise. The last piece of advice Judge Judy would give is work and get good Medical Insurance coverage to cover you in any event.

The flight attendant could get burned by the oven or the coffee pot just like any passenger can get injured. It goes two ways. This is why you have Medical Insurance(which I hope the OP has s good coverage plan).

mapleg

You agreed to the compensation they offered. Does not matter if you were half asleep. You agreed.

Ber2dca

And depending on the jurisdiction, the FA might well be eligible for workers' compensation.

danielonn

Exactly the OP"s verbal agreement was recorded both on the phone and via the agent's system under Passenger History/ Notes. OP if it were me I would just accept the 10,000 miles and move on. I am sorry you feel you are owed more but in all reality you agreed albeit half asleep and now Delta has other more important things to take care of. If you feel like you want to write in again no one is stopping you but be prepared for a response like

Dear OP,

Thank you very much for writing into Delta again regarding incident#0000 on Date. We have reviewed the incident further and with careful reconsideration we are still holding to our offer of 10,000 SkyMiles which you agreed to with our phone agent and have since been deposited into your SkyMiles account. While I can appreciate that you were injured as a result of the beverage cart hitting you we reviewed the incident with the proper individuals and it was determined that we provided the proper care for such an incident by giving you First Aid which our Flight Crew is highly trained to perform.

Please be rest assured that if at any time we felt you were severely injured our crew would have asked for assistance from a trained Medical Professional and would have summoned Airport Paramedics. We can only advise you to contact your Primary Care Physician for Follow Up and they can contact our Risk Management Team if you feel that your injury would cause any further issues.

Mrs.OP Thank you very much for allowing us to review your case and we hope that this incident does not change your opinion of our Airline. Safety is our number one priority and we hope to see you aboard one of our flights in the near future. While this may not be the followup you would come to have expected we still value you as a customer of our airline and SkyTeam partners.

Please be advised that this case has been closed and you will not be receiving any further compensation or communication regarding this matter unless it has been referred to our Risk Management Team who would be the ones to further assess the case.

We wish you a pleasant day!

Kind Regards,

Agent Name


Delta should hire me to write their letters and resolve Customer Resolutions lol.

danielonn

Correct just like most workers who get injured on the job which leads me to if the OP were flying for work could s(he) get Workers Compensation if they were on the clock? Like driving on company time for a company sponsored event or duty and you get injured. The plane is a form of transportation.

Here lies the question. Say you boarded a flight to go to work in New York for a week on a weekend then you got injured on the flight but had the next day off and started work on Monday. What constitutes as company time/personal time? Is one paid for the international flight or is Business Class/First Class the compensation? If work is performed on the flight what is compensated?

Versus say the company paid for my ticket but I extended the date and came back a few days after the work event ended from Paris to San Francisco(is the return flight my liability if I got injured on the Air France flight back from work versus going to Paris)? The injury was caused by a third party but it hampered my work duties for a couple of days etc.

But the injury would have to be major and debilitating albeit a temporary or in worse cases long-term disability and then it would be referred to the proper Department Of Rehabilitation and Disability Lawyers/Doctors etc.

Guvner067

Threads like this make me laugh. OP comes on, gives an account of an incident, wanders (limps?) off never to be seen again.
Thread splits in two. One half debates the veracity of the incident and the credibility of the OP, the other half entails amateur lawyers arguing about legal principles, posting random links to "precedents" and morphing the thread in to a series of hypothetical scenarios which have no relevance to the OP's incident.

Rinse. Repeat.

apodo77

It's the most entertaining part of FT.
Hope the pseudo lawyer know it alls continue to entertain.

moxielady

IggySD

Mwenenzi

Male by the FT profile.
https://www.flyertalk.com/forum/memb...tumfluxed.html

Robert Leach

Even if it is a troll, the teaching points are that:

1) It is a scar on a leg. Unless you are a model, this is ridiculous to whine about. I would come closer to complaining about the cost to get the blood cleaned from my pants than I would the scar.

2) Now I know why the last few flight attendant announcements of late are advising people to keep feet out of the aisle. If the lower extremity is not in the aisle, it would be really hard to hit it directly enough and forcefully enough to cause a laceration.

3) Stuff happens.

danielonn

If the OP were to return( I hate to say that the odds of The Patriots winning the Superbowl are higher than the OP returning) then we can get out the Woodford Reserve and continue the entertainment!

bstndance

After departure Delta has the flight attendants make an announcement to keep legs out of the aisle. If you see carts coming down the aisle, move.

Lomapaseo

I recently encountered a similar experience to a friend. She was advised to have a doctor evaluate it ASAP (within 24 hrs). After said evaluation the followup with the carrier can now proceed. The critical item is whether it gets filed in a formal report. Anything less is likely to be treated only as a service complaint.

My opinion is that any mileage settlement has little bearing. However, failure to have a doctor monitor the progression (good or bad) is significant