Spoiled special meal BusinessElite on Delta
Sep 24, 2009, 3:54 pm
#92
Join Date: Apr 2005
Location: Idaho
Programs: Delta PM
Posts: 352
Unless you test the OP and the food soon after the incident, you're never going to have actual proof. However, there's plenty of circumstantial evidence here for a strong case.
Sep 24, 2009, 3:56 pm
#93
Join Date: Apr 2005
Location: Idaho
Programs: Delta PM
Posts: 352
Now just prove that your illness was caused by this meal in particular, and not what you ate earlier in the day. Or the day before. Or that is wasn't just a stomach flu. Stomach bugs such as listeria can incubate for a month or two before presenting symptoms.
Again, I don't doubt the veracity of your story but without a medical exam etc it seems unlikely you'll be able to get much more from DL.
Again, I don't doubt the veracity of your story but without a medical exam etc it seems unlikely you'll be able to get much more from DL.
No symptoms before the flight + eating expired meal + significant vomiting hours thereafter = proof enough.
Sep 24, 2009, 3:58 pm
#94
FlyerTalk Evangelist
Join Date: Aug 2002
Location: Bay Area, CA
Programs: UA Plat 2MM; AS MVP Gold 75K
Posts: 35,068
Putting aside the costs, I'd be happy to take this case to court. I bet most doctors would opine that, given the facts relayed by the OP, he got food poisoning from the meal.
Unless you test the OP and the food soon after the incident, you're never going to have actual proof. However, there's plenty of circumstantial evidence here for a strong case.
Unless you test the OP and the food soon after the incident, you're never going to have actual proof. However, there's plenty of circumstantial evidence here for a strong case.
This case is not going to court. He just needs to file. That'll be enough impetus for DL legal to contact him and settle. He'll get something he's happy with, and DL will get him to sign the liability waiver they want. Win-win.
Sep 24, 2009, 4:14 pm
#95
Join Date: Mar 2004
Location: San Francisco, CA
Programs: DL PM/MM, Hilton Silver, SPG+, Hertz PC
Posts: 7,899
IMO there really is no case: All DL lawyers have to say is that, by his own admission, the OP checked the date while he was already feeling ill and misread 2008 for 2009. It seems outlandish that a meal may have been kept for 1 year and it's not uncommon for somebody to be sick due to TATL travel stress. Besides, even the production date is no evidence; food may be perfectly edible for a long time after.
Can the OP say which food item is supposed to have caused sickness ? Was the entire tray content spoiled ? Hard to believe.
Not that I'm siding with DL, but it seems to me an easy case to throw.
But maybe DL could decide to hand him a few bucks rather than paying lawyers ?
Can the OP say which food item is supposed to have caused sickness ? Was the entire tray content spoiled ? Hard to believe.
Not that I'm siding with DL, but it seems to me an easy case to throw.
But maybe DL could decide to hand him a few bucks rather than paying lawyers ?
Sep 24, 2009, 4:22 pm
#96
Join Date: Oct 2008
Posts: 1,559
Expiry dates for frozen food have more to do with the taste/texture of the food than anything else.
I do hope that the OP does receive some additional compensation from DL, but case doesn't sound to strong. Who knows what a demand letter on law firm stationary will get you though...
Sep 24, 2009, 5:55 pm
#97
Original Poster
Join Date: Mar 2008
Programs: KLM Platinum for Life, M&M FTL, CO Gold
Posts: 46
IMO there really is no case: All DL lawyers have to say is that, by his own admission, the OP checked the date while he was already feeling ill and misread 2008 for 2009. It seems outlandish that a meal may have been kept for 1 year and it's not uncommon for somebody to be sick due to TATL travel stress. Besides, even the production date is no evidence; food may be perfectly edible for a long time after.
Can the OP say which food item is supposed to have caused sickness ? Was the entire tray content spoiled ? Hard to believe.
Not that I'm siding with DL, but it seems to me an easy case to throw.
But maybe DL could decide to hand him a few bucks rather than paying lawyers ?
Can the OP say which food item is supposed to have caused sickness ? Was the entire tray content spoiled ? Hard to believe.
Not that I'm siding with DL, but it seems to me an easy case to throw.
But maybe DL could decide to hand him a few bucks rather than paying lawyers ?
Sep 24, 2009, 5:57 pm
#98
FlyerTalk Evangelist
Join Date: Aug 2002
Location: Bay Area, CA
Programs: UA Plat 2MM; AS MVP Gold 75K
Posts: 35,068
Sep 24, 2009, 6:06 pm
#100
FlyerTalk Evangelist
Join Date: Aug 2002
Location: Bay Area, CA
Programs: UA Plat 2MM; AS MVP Gold 75K
Posts: 35,068
Sep 24, 2009, 6:49 pm
#101
FlyerTalk Evangelist
Join Date: Jan 2000
Posts: 15,347
You fly often? Delta doesn't want to admit liability? You are wavering whether to go legal or take it to another level? Perhaps you should argue that this incident ruined the BE experience for you and that you'd be willing to let Delta make it up to you by giving you a RT BizElite upgrade on a future flight in addition to the voucher offered in order to make it right. Just an idea.
Sep 25, 2009, 1:01 am
#102
Original Poster
Join Date: Mar 2008
Programs: KLM Platinum for Life, M&M FTL, CO Gold
Posts: 46
You fly often? Delta doesn't want to admit liability? You are wavering whether to go legal or take it to another level? Perhaps you should argue that this incident ruined the BE experience for you and that you'd be willing to let Delta make it up to you by giving you a RT BizElite upgrade on a future flight in addition to the voucher offered in order to make it right. Just an idea.
I do some 6-8 TATL flights a year and plenty of domestic. I'll probably end up talking my business to CO or to UA. *A is ruling the world anyways...
Sep 25, 2009, 9:30 am
#103
Join Date: Feb 2008
Posts: 1,597
I like the idea, but I'm not sure I'm putting another foot on a Delta plane if this issue is not resolved like I want (or at least closer to my demands). And from all previous communication with Delta, it sounds like they're not into giving anything else other than what they already gave...
I do some 6-8 TATL flights a year and plenty of domestic. I'll probably end up talking my business to CO or to UA. *A is ruling the world anyways...
I do some 6-8 TATL flights a year and plenty of domestic. I'll probably end up talking my business to CO or to UA. *A is ruling the world anyways...
contacting them again is a waste of your time and theirs. You're going to come off as a nuisance to Delta.
Personally, $300 is decent compensation , considering you do not have any proof. If you had retained the expired packaging that would be one thing, but considering you haven't, It appears you have no evidence that will support you in a court case, so if the case goes to court, you will probably loose. Delta knows this.
Regardless, if you file in court, you'll probably get a settlement instead of the case actually going to court, just so DL can avoid paying the lawyers court fees and avoid any potential bad publicity.
Sep 25, 2009, 11:56 pm
#105
Join Date: Mar 2004
Location: San Francisco, CA
Programs: DL PM/MM, Hilton Silver, SPG+, Hertz PC
Posts: 7,899
if you have an incident report that's already something. Yet, the biggest obstacle will be to prove causality between you feeling sick and the food being expired. It is not a gimme.
Did you seek treatment ? You should be able to provide evidence of how sick you were. Again burden of proof is on you and defense will say it was all in your mind and food didn't really make you sick.
Did you seek treatment ? You should be able to provide evidence of how sick you were. Again burden of proof is on you and defense will say it was all in your mind and food didn't really make you sick.