A bit too squeezy

[Geegeela]

Man 'squashed by obese passenger' sues BA

 

[MEL_Traveller]

It's a tough issue. I had a similar experience, and what I can't understand in this case is why the [supposedly] injured passenger chose to remain on the plane. In my case there was no option to fly - I couldn't fit in seat. By all means take the airline to task - but I think you have to get it sorted before the plane pulls away from the gate.

 

[Pushka]

Since when does Flight Crew observe every passengers gait as they exit?

 

[MEL_Traveller]

Since when does Flight Crew observe every passengers gait as they exit?

I'm thinking they might have had good reason to 'observe' in this instance? I suspect there was something brewing during the flight that might have made the crew want to take notes.

 

[Pushka]

I'm thinking they might have had good reason to 'observe' in this instance? I suspect there was something brewing during the flight that might have made the crew want to take notes.

If that’s the case then they knew something was amiss. A good lawyer would extract those circumstances.

 

[MEL_Traveller]

If that’s the case then they knew something was amiss. A good lawyer would extract those circumstances.

Or the other way around! The passenger may have been complaining without obvious cause. Good practice if staff recognise a potential situation and gather evidence at the time rather than rely on memory later.

 

[Pushka]

Or the other way around! The passenger may have been complaining without obvious cause. Good practice if staff recognise a potential situation and gather evidence at the time rather than rely on memory later.

Good point.

 

[Blinky]

Just settle BA. Give the guy 2 J class fares.

I have experienced Jonah Lomu plus passengers next to me a few times, but only on short flights. Uncomfortable, but what can you do? Apart from booking J class fares of course..

 

[kermatu]

Since when does Flight Crew observe every passengers gait as they exit?

The CSM states he / the crew received a complaint during the flight. No surprise if he paid attention to the individuals in question.

There's no reference to the allegedly obese pax being in the court proceedings. Pros and cons to calling them.

 

[MEL_Traveller]

Just settle BA. Give the guy 2 J class fares.

I have experienced Jonah Lomu plus passengers next to me a few times, but only on short flights. Uncomfortable, but what can you do? Apart from booking J class fares of course..

There 'uncomfortable' and 'impact on safety' (both physical injury and in being able to follow emergency procedures). If it's merely slightly uncomfortable I guess an option is to suck it up. If it's the latter, there's no way you can actually fly. Either you need to be re-seated or you have to leave the plane. Passengers shouldn't need to buy a J class seat if their safety is being affected.

 

[Geegeela]

The court rules.

'Squashed' passenger loses court fight

 

[Pushka]

The court rules.

'Squashed' passenger loses court fight

How could the court say he had not been impinged on?

 

[MEL_Traveller]

How could the court say he had not been impinged on?

For claims under the Montreal Convention you need to show injury - arising from an accident that occured on board. The definition of 'accident' is pretty broad, and injury by another passenger would probably be covered... but... the court found that this wasn't the case here.

The squashed passenger may have been inconvenienced. Had some loss of amenity. Might not have had the most comofrtable of lfights. But he couldn't prove that caused actual physical injury.