United sued for hard landing?
May 29, 2017, 12:25 pm
#61
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It seems to me that maybe it was a redeye and the woman was sound asleep when it landed? FA probably did not do the cabin safety check thoroughly and the woman's seatbelt was not buckled?
Safety checks have become very sloppy. I have even been on a night flight where they did not even turn on the lights to do it.
Safety checks have become very sloppy. I have even been on a night flight where they did not even turn on the lights to do it.
May 30, 2017, 10:34 am
#62
Join Date: Sep 2009
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I like it. In fact, cover UA's costs to day or you get a lifetime ban on UA.
May 30, 2017, 12:26 pm
#63
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May 30, 2017, 3:15 pm
#64
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$85K isn't a whole lot of money when the medical industry is involved. The women could very well have spent the last 2 years in insurance limbo unable to get their bills paid. Looks to me like they're just trying to get their bills paid, not retire to a tropical island.
May 30, 2017, 3:27 pm
#65
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Then you should do a research on the common carrier liability.
You will be surprised.
Not exactly. But the ticket itself.
CoC governs the condition. But the actual ticket is what established the contractual relationship.
You will be surprised.
Not exactly. But the ticket itself.
CoC governs the condition. But the actual ticket is what established the contractual relationship.
May 30, 2017, 3:42 pm
#66
Join Date: Jun 2011
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She's suing for negligence, not breach of contract. She wants tort remedies, not contract remedies. So wouldn't it be the negligence statute of limitations that applies, regardless of the existence of a contract?
May 30, 2017, 5:14 pm
#67
Join Date: Sep 2009
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UA must be found at fault. The bar is low - any fault could result in full responsibility - but UA must be found at fault.
If these ladies...
- had pre-existing degenerative conditions, or
- were told by doctor to not fly, or
- are making the cause of the injury up, or
- _________________ (fill in the blank)
...maybe the airline is not at fault.
The court finds fault first. Liability second.
May 30, 2017, 5:14 pm
#68
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In this case, the lawyer is suing as a personal injury, alleging UA was negligent. So the statute of limitations for PI applies. In the alternative, the lawyer can also as a contract breach and negligence based on the ticket purchased.
However - since the recovery amount will be virtually the same under both theories, suing as a contract breach is redundant.
May 30, 2017, 7:05 pm
#69
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Also, though I wasn't clear, I did mean the applicable negligence statute of limitations would apply, not that there was one for all negligence claims. At any rate, it wouldn't be a breach of contract statute of limitations if suing for PI.
May 31, 2017, 5:25 am
#70
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May 31, 2017, 6:58 am
#71
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Also, it is common carrier liability, not common carrier strict liability. The plaintiff would still have to prove (at least) negligence.
May 31, 2017, 7:00 am
#72
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What if is was, like, really windy?
Should the pilot have refused to correct things with the rudder and risked losing control of the plane?
May 31, 2017, 2:42 pm
#73
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But under the doctrine of strict liability, no finding of fault is required.