Delta cut my leg
#1
Original Poster
Join Date: Jan 2018
Posts: 3
Delta cut my leg
On my last international flight home a delta flight attendant hit my leg with a drink cart causing a cut on my leg. The flight attendant did not acknowledge any thing was wrong even when I asked for a bandage to stop the bleeding. I sent an email to delta asking what they could do. The next day they called me when I was half asleep offering 10k in miles I said that was fine as it was just a cut but now the cut has turned into a scar that I will have for the rest of my life. So I called delta back asking what they could do and they said well we gave you 10k in miles and thats all we can do. So I'm asking you guys if you think this is fair?
#2
Join Date: May 2015
Location: DCA
Programs: AA EXP, DL FO, Marriott Titanium
Posts: 6,712
On my last international flight home a delta flight attendant hit my leg with a drink cart causing a cut on my leg. The flight attendant did not acknowledge any thing was wrong even when I asked for a bandage to stop the bleeding. I sent an email to delta asking what they could do. The next day they called me when I was half asleep offering 10k in miles I said that was fine as it was just a cut but now the cut has turned into a scar that I will have for the rest of my life. So I called delta back asking what they could do and they said well we gave you 10k in miles and thats all we can do. So I'm asking you guys if you think this is fair?
#3
Join Date: Sep 2011
Programs: Delta DM, Hyatt Globalist
Posts: 1,495
On my last international flight home a delta flight attendant hit my leg with a drink cart causing a cut on my leg. The flight attendant did not acknowledge any thing was wrong even when I asked for a bandage to stop the bleeding. I sent an email to delta asking what they could do. The next day they called me when I was half asleep offering 10k in miles I said that was fine as it was just a cut but now the cut has turned into a scar that I will have for the rest of my life. So I called delta back asking what they could do and they said well we gave you 10k in miles and thats all we can do. So I'm asking you guys if you think this is fair?
#6
Join Date: Apr 2011
Posts: 3,394
#7
Join Date: Oct 2003
Location: Traveling the World
Posts: 6,072
i am sorry but when you accepted their offer of 10,000 miles that is pretty much a done deal. When I had a problem I negotiated the compensation and was happy with what I was able to negotiate. I always push back the 10,000 miles unless its a minor issue and explain to them why 10,000 is not enough for the compensation. Actually I try to get the flight attendant to document what took place or the baggage service office to add documentation.
Whoever created the problem must fill out an incident report. If I were the OP I would have asked for the pursuer to fill out an incident report and ask for a copy then I would have went to my Doctor and submitted the evaluation to Delta(I.e. a permanent scar) and for them to cover all medical costs as a result of the injury). If I felt the need I would have asked for Airport Paramedics to meet the flight to look at the injury so it gets documented in my Delta record. Anything to document is what needs to be done.
The flight attendant is responsible for the drink cart and must take responsibility for injury. i am wondering if you were warned before the cart came through your section? Was your leg out in the aisle? How did the cart hit your leg?
Whoever created the problem must fill out an incident report. If I were the OP I would have asked for the pursuer to fill out an incident report and ask for a copy then I would have went to my Doctor and submitted the evaluation to Delta(I.e. a permanent scar) and for them to cover all medical costs as a result of the injury). If I felt the need I would have asked for Airport Paramedics to meet the flight to look at the injury so it gets documented in my Delta record. Anything to document is what needs to be done.
The flight attendant is responsible for the drink cart and must take responsibility for injury. i am wondering if you were warned before the cart came through your section? Was your leg out in the aisle? How did the cart hit your leg?
#8
Join Date: Oct 2003
Location: Traveling the World
Posts: 6,072
Also Delta had to have reported it via the incident reporting feature on the Passenger Service Tablet whether its a minor or major injury. If this was not done then there is a liability issue. I believe this incident may fall under the lack of "Duty of Care". The OP should ask to be put in touch with the Risk Management Department and get a copy of the incident report or report the incident and have them talk with the Flight Attendant and puruer of the flight to see why an incident was not reported. Also the OP should ho to his or her Doctor to evaluate it and to write a letter documenting the incident along with the contact info to the Doctor and the OP then needs to submit it to the Risk Management Officer dealing with the OP's case and ask for further monetary compensation. If its so serious and debilitating you could retain a Personal Injury Lawyer who deals with airlines but it can be hard to prove the case.
One of the reasons I sit by the window is to avoid the drink cart from hitting me in the aisle. I can imagine that the OP may have been sleeping and their foot was in the aisle. The Flight Attendants are usually so careful and they say"Excuse me sir/madam I am coming through with the drink cart can you please put your feet out of the aisle". I know that sometimes due to turbulence and the flight attendants forgetting to set the brake on the cart the cart can roll down the aisle uncontrollably. Hence this is why you see two flight attendants on each side of the cart to avoid injury to themselves or the passengers. Those carts do weigh quite a bit.
I hope we do hear back from the OP but I somewhat doubt it as with other first posts of this nature here on FT.
#9
Join Date: Apr 2005
Programs: DL DM MM, Hyatt LT Globalist, SPG Gold, Marriott Gold, Hertz PC
Posts: 2,141
A few years back a sign at one of the DTW gates fell and scraped my wife’s leg- I think she got a check for $500 and had to sign off w/DL legal that it was final settlement
#10
Suspended
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,262
Don't need to see a picture or know whether OP has suffered permanent damage. He settled his claim for 10,000 miles and this is over and done.
This is why settling these things too quickly is a bad idea. What if it had become infected and he had his leg amputated? Still worth 10,000 miles?
The DL risk management people are not dumb. They almost certainly had an incident report to review and knew that if they could get rid of this for a couple of SM, it was a win.
This is why settling these things too quickly is a bad idea. What if it had become infected and he had his leg amputated? Still worth 10,000 miles?
The DL risk management people are not dumb. They almost certainly had an incident report to review and knew that if they could get rid of this for a couple of SM, it was a win.
#11
Join Date: Jul 2003
Location: MSP
Posts: 185
This-> I don't think OP settled anything. Doesn't OP have to sign an acknowledgement to the effect "I consider the 10k miles as final and absolute payment for xxxxx" for it to be considered a final settlement? If the cut is really serious and OP incurs expenses and spends time to rectify it, I think he/she may have a claim, but I'll defer to a legal opinion here. The point is, the 10k miles could be a customer service gesture for inconvenience caused, not payment for documented damages.
#12
Join Date: Apr 2016
Posts: 1,884
Doesn't the OP have to sign an acknowledgement to the effect "I consider the 10k miles as final and absolute payment for xxxxx" for it to be considered a final settlement? If the cut is really serious and OP incurs expenses and spends time to rectify it, I think he/she may have a claim, but I'll defer to a legal opinion here. The point is, the 10k miles could be a customer service gesture for inconvenience caused, not payment for documented damages.
This->
This->
#14
Join Date: May 2006
Location: GA
Programs: VA-PLT, QF-GLD, DL-GM, UA-ex1K, AA-exPLT, HH-DM, IHG-PLT, MR-GLD
Posts: 8,242
Accepting the DL settlement of 10k makes it harder to negotiate with DL, because in their system the matter is closed.
However this is NOT the same as a legal settlement, the OP has not given up any legal options to pursue this further.
However this is NOT the same as a legal settlement, the OP has not given up any legal options to pursue this further.
#15
Join Date: Aug 2012
Location: SLC
Programs: DL FO, KM, & 1.7MM; UA nothing; HH♦; National EE
Posts: 6,344
Is the scar ending the OP's career as an underwear model? Who doesn't have a scar or two (or more) on their legs? I'd hate to speculate here on what's fair with the tiny bit of information given about the severity of the wound.