Go Back  FlyerTalk Forums > Miles&Points > Airlines and Mileage Programs > Delta Air Lines | SkyMiles
Reload this Page >

Drunk passenger downs 11 drinks, sexually assaults... DL gets sued

Community
Wiki Posts
Search

Drunk passenger downs 11 drinks, sexually assaults... DL gets sued

Thread Tools
 
Search this Thread
 
Old Jul 30, 2023, 3:34 am
  #16  
 
Join Date: Mar 2015
Location: EMA (how boring) but BHX is more convenient.
Posts: 2,414
Originally Posted by Goodoldflyer
Is Delta responsible for all (self reported, alleged) sexual assaults? Wouldn't you have to prove the assault, first?


.
Delta are responsible for things that arise due to their negligence in situations where they are responsible for their passengers, which appears to be the case here. In a court of law the assault would have to be proved. In a forum, given the descriptions that I read including the action of the other passengers, my opinion is that the assault happened. But, even if you want to quibble over the assault actually happening or not Delta continued to serve the man alcohol after he was drunk and disruptive, and didn't call law enforcement to the gate even though there had been an accusation of assault. Both of the latter are enough in my opinion to support my 'heads should roll' opinion.

As an example, if a sexual assault occurred on a plane with no warning and no contribution (e.g. allowing excessive drunkenness) from Delta, and upon being notified Delta immediately applied correct action and continued to do so, then I would think that Delta were not responsible for the assault at all. However, the situation as per this thread appears to be the diametric opposite of this case.
Randeman and mlbcard like this.
OccasionalFlyerPerson is offline  
Old Jul 30, 2023, 4:15 am
  #17  
 
Join Date: Jan 2022
Programs: DL, UA, AA
Posts: 1,996
Originally Posted by OccasionalFlyerPerson
Delta are responsible for things that arise due to their negligence in situations where they are responsible for their passengers, which appears to be the case here. In a court of law the assault would have to be proved. In a forum, given the descriptions that I read including the action of the other passengers, my opinion is that the assault happened. But, even if you want to quibble over the assault actually happening or not Delta continued to serve the man alcohol after he was drunk and disruptive, and didn't call law enforcement to the gate even though there had been an accusation of assault. Both of the latter are enough in my opinion to support my 'heads should roll' opinion.

As an example, if a sexual assault occurred on a plane with no warning and no contribution (e.g. allowing excessive drunkenness) from Delta, and upon being notified Delta immediately applied correct action and continued to do so, then I would think that Delta were not responsible for the assault at all. However, the situation as per this thread appears to be the diametric opposite of this case.
I have to side with Delta until the accusers prove their case.

There are far too many histrionic people out there with lawyers to accept anyone's accusation at face value.

Seems to me this would be quite hard to prove, but in our litigious society, allegations are sometimes accepted as proof.

There was clearly some discomfort on the part of these passengers, and it sounds like the offensive passenger was out of line and should have been moved, but an accuser of sexual assault bears the burden of proof.

Last edited by Goodoldflyer; Jul 30, 2023 at 4:21 am
Goodoldflyer is offline  
Old Jul 30, 2023, 4:53 am
  #18  
 
Join Date: Nov 2012
Location: Minutes from ATL
Programs: DL
Posts: 436
Found it: https://www.courtlistener.com/docket...air-lines-inc/

Complaint: https://storage.courtlistener.com/re...500678.1.0.pdf
the_house likes this.
paul21 is offline  
Old Jul 30, 2023, 5:07 am
  #19  
 
Join Date: Jan 2022
Programs: DL, UA, AA
Posts: 1,996
Honestly, that story seems unbelievable, and I'm guessing the FA's version would be different.
ijgordon and IndyHoosier like this.
Goodoldflyer is offline  
Old Jul 30, 2023, 6:37 am
  #20  
Moderator: Delta SkyMiles
 
Join Date: Mar 2006
Location: Hotlanta.
Programs: DL (duh), AA 1MM, Bonvoy Titanium, HH Diamond
Posts: 4,699
Two things stand out.

Item 31 claims the passenger was served a PDB in the last row of coach. We all know that rarely happens in the pointy end

And then item 35 where the pax got 10 drinks in the first 3 hours of the flight. Again, Ive never experienced half-as-great service in D1/F.

This would be the least lazy crew ever.

Last edited by emma dog; Jul 30, 2023 at 6:44 am
emma dog is offline  
Old Jul 30, 2023, 8:37 am
  #21  
 
Join Date: Sep 2009
Posts: 412
Originally Posted by emma dog
Two things stand out.

Item 31 claims the passenger was served a PDB in the last row of coach. We all know that rarely happens in the pointy end

And then item 35 where the pax got 10 drinks in the first 3 hours of the flight. Again, Ive never experienced half-as-great service in D1/F.

This would be the least lazy crew ever.
Completely agree that such claims are highly implausible, especially the PDB in coach.

And the problem with doing that in a lawsuit is that it gives perfectly good reason to disbelieve the complainant's entire claim.
micstatic, HDQDD and IndyHoosier like this.
AADFW is offline  
Old Jul 30, 2023, 9:05 am
  #22  
FlyerTalk Evangelist
 
Join Date: Apr 2001
Location: NYC
Posts: 27,329
Surely the plaintiffs will have a bunch of eyewitnesses ready to testify?
ijgordon is offline  
Old Jul 30, 2023, 9:16 am
  #23  
Moderator, Delta Skymiles and Mileage Run
 
Join Date: Dec 2009
Location: Seat 2A
Programs: DL Diamond/MM, Hyatt Diamond, former AS MVPG 75K, Marriott Titanium, Hilton Gold
Posts: 2,947
thread closed
ryandc99 moderator Delta Air Lines
emma dog, OHDL1, lindros2 and 6 others like this.
ryandc99 is offline  


Contact Us - Manage Preferences Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

This site is owned, operated, and maintained by MH Sub I, LLC dba Internet Brands. Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Designated trademarks are the property of their respective owners.