Sexually harrased in flight by passenger; seeking advice
#46
Join Date: Apr 2007
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The $1K sounds more like a customer service gesture than an admission of responsibility. If you want a somewhat larger customer service gesture, then make a customer service type statement that avoids indicating they were responsible for causing the incident "This really bothered and inconvenienced us and we're not happy with the way the FAs handled it. Could you give us a $1500 voucher?"
If you want a settlement that is based on liability, then you should talk to a lawyer rather than FT. As others have mentioned here, in that environment, the passenger may have more responsibility than UA, that UA does have may not be collectable by you.
If you want a settlement that is based on liability, then you should talk to a lawyer rather than FT. As others have mentioned here, in that environment, the passenger may have more responsibility than UA, that UA does have may not be collectable by you.
#47
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Seems like a pretty large number; I somehow doubt that UA hands $1000 certs out in response to a simple complaint to customer service.
Last edited by WineCountryUA; Jan 4, 2017 at 7:16 pm Reason: removed response to deleted post
#48
Join Date: May 2004
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All this 'get a lawyer talk'....are people talking about against UA or the guy? I can see suing the guy if you really want to try, but seriously fail to see suing an airline over the behavior of a passenger.
#50
Join Date: Mar 2003
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The OP indicated spending time with the police, which leads me to believe that either the OP filed a police report, or UA had the police meet the plane at the gate.
If the OP has given a statement to the police, my recommendation would be to let the justice system do its thing. Accept the compensation from UA and move on, as far as the UA customer service matter is concerned.
If the OP has given a statement to the police, my recommendation would be to let the justice system do its thing. Accept the compensation from UA and move on, as far as the UA customer service matter is concerned.
#51
Join Date: Jan 2010
Location: San Francisco
Programs: United Global Services
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This is precisely way we can't convict drunk drivers in this country: "It's OK to be inebriated and it's not your fault if you cause harm/discomfort to anyone else because it wasn't deliberate." Of course it was deliberate/intentional. HE/SHE decided to have one to many and visit his/her uncontrollable behavior on to someone else.
Another reason: most people drink; most get tipsy/inebriated at some point in their lives and some drive; and some are unlucky. But, since most people drink and they, themselves, have been in the same situation, it was just bad luck s/he careened into another car/harassed a passenger/belligerent with the FA/GA. It's never the drunks fault. Because it wasn't deliberate.
God, I hate drunks. In my one experience, I told the guy sitting next to me on a flight: "You seem to be drunk" (which he agreed that he may have had one too many in the airport bar). "Do not talk to me, don't look my way; pretend there's a wall between us." End of discussion. I never heard from him, again.
As point of full disclosure: No, I do not drink (not even beer); and no, I have never been drunk. Boring life? I'm OK with that.
#52
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Could be either one or both. I don't know the mind of the OP, but wouldn't be surprised if he is exploring 1) suing the guy in civil court if criminal charges are not levied (or even if they are) and 2) suing United for facilitating this guy's behavior by allegedly over-serving him in-flight, and then not doing enough to stop it.
#53
Join Date: Dec 2003
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As someone previously pointed out: No, NO, NO!
This is precisely way we can't convict drunk drivers in this country: "It's OK to be inebriated and it's not your fault if you cause harm/discomfort to anyone else because it wasn't deliberate." Of course it was deliberate/intentional. HE/SHE decided to have one to many and visit his/her uncontrollable behavior on to someone else.
...
This is precisely way we can't convict drunk drivers in this country: "It's OK to be inebriated and it's not your fault if you cause harm/discomfort to anyone else because it wasn't deliberate." Of course it was deliberate/intentional. HE/SHE decided to have one to many and visit his/her uncontrollable behavior on to someone else.
...
I do agree with the rest of your paragraph, which is why I vote to convict. ^
#54
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What is the legal definition of sexual harassment?
#55
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#56
Join Date: Jun 2011
Posts: 923
If you are serious about pursuing this further, not only should you not post anything on FT, you should also not engage in any private email with anyone on FT (or anywhere else) unless that person is a lawyer who is providing you with services reasonably related to your matter.
#57
Join Date: Aug 2004
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Yes of course that works here. If the state of the pax makes it impossible to prove intent, the OP is well served with what UA offered upfront.
#58
Join Date: Jan 2008
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The problem lies with defining intoxication. Other than with a blood test it is not possible to define alcohol intoxication with sufficient robustness. Many people in the plane who have not consumed alcohol may well look intoxicated. Some people consume substances other than alcohol that mimick intoxication, some people are on medications, some people have baseline personality disorders, some people are just baseline loud or aggressive, some react poorly to being stuck in a tube. It is a bit a high bar to expect the FAs to reliably make this assessment in all cases, short of equipping them with a breathalyzer to use prior to serving drinks...
If you can't control your behavior because you're drunk, and you get drunk before getting on an airplane, then you're responsible for what you do when you're drunk.
Repeated, unwanted attention of a sexual nature. As mentioned before, really only legally defined in the workplace.
On a single encounter with a stranger, you would be asking if there was an assault or sexual assault or general harassment.
#59
Join Date: Jan 2008
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According to OP, UA allowed a drunk passenger on the plane or over-served a passenger and then did not, according to OP, satisfactorily deal with the situation. The intent of the passenger is irrelevant with regards to appropriate compensation from UA.
With regards to the passenger, the passenger allowed himself to become drunk on an airplane, and once you allow yourself to become drunk, you're responsible for what you do in that state.
#60
Join Date: Aug 2009
Location: Houston, TX
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Posts: 416
I'm gonna disagree with the posters who think that the OP should just move on. When the drunk offered to fight the OP, that could easily have met the legal definition of assault, at least here in Texas:
http://www.statutes.legis.state.tx.u.../htm/PE.22.htm
Like most of us here, I'm no lawyer, but the "sexual harassment" the OP describes could also have been assault, depending upon what threats were made and whether there was physical contact. Presumably, that is why the OP spent time with the police; he is attempting to have charges filed against the other passenger.
We don't know much of anything in the way of details. It might be that UA did everything by the book and could never have predicted the outcome. Then no one would blame UA. But if two people were assaulted on a UA flight by a drunk who was served many drinks by UA---especially if UA was altered to the situation before the assaults occurred and declined to do anything and yet kept serving, perhaps there is liability. I believe that liability is incurred when one takes action that a reasonable person could have predicted would have resulted in the observed outcome, right? Seems like continuing to serve a drunk after being warned meets that definition. But again, I'm no lawyer.
To all those who are saying, "take the $1000 and run". Well, we just don't know how bad it was. Did the drunk actually try to put his hands on the OP's wife and then try to fight him after being served by UA, despite pleas from the OP to stop? That could have been a horrible, life-altering experience, especially for the OP's wife. Seems like $1000 to go away is a tiny token in such a situation.
The advice I do agree with: don't post anything else here. This might be nothing, and perhaps $1000 is very generous. But who knows? If it really was bad and the OP believes that UA has liability, it's time to talk to a lawyer.
http://www.statutes.legis.state.tx.u.../htm/PE.22.htm
Like most of us here, I'm no lawyer, but the "sexual harassment" the OP describes could also have been assault, depending upon what threats were made and whether there was physical contact. Presumably, that is why the OP spent time with the police; he is attempting to have charges filed against the other passenger.
We don't know much of anything in the way of details. It might be that UA did everything by the book and could never have predicted the outcome. Then no one would blame UA. But if two people were assaulted on a UA flight by a drunk who was served many drinks by UA---especially if UA was altered to the situation before the assaults occurred and declined to do anything and yet kept serving, perhaps there is liability. I believe that liability is incurred when one takes action that a reasonable person could have predicted would have resulted in the observed outcome, right? Seems like continuing to serve a drunk after being warned meets that definition. But again, I'm no lawyer.
To all those who are saying, "take the $1000 and run". Well, we just don't know how bad it was. Did the drunk actually try to put his hands on the OP's wife and then try to fight him after being served by UA, despite pleas from the OP to stop? That could have been a horrible, life-altering experience, especially for the OP's wife. Seems like $1000 to go away is a tiny token in such a situation.
The advice I do agree with: don't post anything else here. This might be nothing, and perhaps $1000 is very generous. But who knows? If it really was bad and the OP believes that UA has liability, it's time to talk to a lawyer.