Screaming child lands Qantas in court

[Dave Noble]

It can be a traveller's great fear - sitting near a screaming child on a passenger plane.

American tourist Jean Barnard, who embarked on her dream holiday to Australia and New Zealand in January last year, alleges the trip became a nightmare when she boarded a Darwin-bound Qantas plane in Alice Springs, walked to her assigned seat and came face-to-face with a three-year-old boy across the aisle.

The boy allegedly leant back over his armrest toward Ms Barnard and let out a scream so severe that blood erupted from her ears, leaving her "stone cold deaf".

"The pain was so excruciating that I didn't even know I was deaf," Ms Barnard said, reliving the incident during a deposition for a civil lawsuit she filed against Qantas in the US District Court in Los Angeles.

Article at Screaming child lands Qantas in court | Airlines

 

[nlagalle]

What an absolute joke! If you are insistant on sueing, go and sue the mother!

How can it be QF's fault? I'm still shaking my head...

America, what more can I say!

 

[simongr]

How on earth could this be QF's fault?

 

[ejb]

What an absolute joke! If you are insistant on sueing, go and sue the mother!

How can it be QF's fault? I'm still shaking my head...

America, what more can I say!

But due to the fact QF have rolled over and settled people will continue to sue.

Case in Sydney at the moment were someone is suing KFC for $10M due to food poisoning, but only after trying to blame someone else first.

Waste of courts time.

ejb

 

[drron]

What a joke.No wonder lawyers have a bad name.
I loved the comment that the 3 year old is now being trained by the military as a WMD.

 

[Siegfried]

The warring parties, however, announced last week to the judge handling the case that a truce had been reached and they "entered into a confidential settlement"

Firstly, (based on the facts supplied in the article) I can't believe that QF settled this out of court.

Second, given that the "incident" occurred in Aus, this strikes me as one of the most egregious examples of forum shopping that I have seen - the only way that I can see this having any legs at all is if she purchased the ticket from QF US (being a subsidiary of QF) and her suit was directed against them.

Third, given that they did settle, I would dearly love to know the details of the settlement - I'm already starting to think unprincipled thoughts. :mrgreen:

 

[samh004]

Can. Not. Believe.

Then again… America!

Case in Sydney at the moment were someone is suing KFC for $10M due to food poisoning, but only after trying to blame someone else first.

If they can prove it was KFC, then food poisoning is bad, but as they sued someone else first, I don’t see how they can then prove it was KFC.

 

[anat0l]

If I ever bump into that woman I will personally scream at her. Just maybe, something else besides her former eardrums will explode...

This is a serious nomination for a Stella Award... :evil:


"All reasonable measures?" I suppose that would mean either encapsulating all young children, somehow psycho(something) examining them before boarding or banning them from flying altogether. Now where's that phrase again? Oh, that's right. GET REAL.

 

[docjames]

But due to the fact QF have rolled over and settled people will continue to sue.

Case in Sydney at the moment were someone is suing KFC for $10M due to food poisoning, but only after trying to blame someone else first.

Waste of courts time.

ejb

Is that the case of the young child who ended up with meningitis and is now (? was already) disabled?

Article at Screaming child lands Qantas in court | Airlines

Just unbelieveable!

 

[mannej]

It seems that she forgot to turn her hearing aid down...

(Not trying to offend anyone here, but just trying to find a bit of humour out of a daft situation...

One thing that puzzles me is why was the action launched in the U.S? Is it because thats where the ticket was purchased? Was it her perception that she would have more chance of succeeding than if she proceeded over here in Australia? This is really a silly case that QF should really have no part in.

I for one am hoping that this lady made very very little out of this silly case

 

[simongr]

OK we are 10 posts in and I think this might be the first thread where we all actually agree!!!

 

[straitman]

Article at Screaming child lands Qantas in court | Airlines

There is nothing else to say other than this is total 'rubbish' :evil: :evil:

 

[Princess Fiona]

There is nothing else to say other than this is total 'rubbish' :evil: :evil:

In all my years of medical practice I have never seen or heard of someones ear drums rupturing from noise. Infection and diving YES, toddlers NO. A medical expert witness should have been able to get this thrown out, I dread to think what type of medic would be prepared to act for her! Some people will do anything for money.

 

[trippin_the_rift]

From an OH&S POV there is plenty of precedent set for this lady to have a real case.

Australian laws may differ to US where her lawyer filed this, however consider a recent case in the AU workplace where a worker was cleaning windows with absailing equipment attached to them securely. By no fault of the employer the rope and safety devices fail and the worker incurs serious injuries. Employer is deemed at fault as they have the duty of care to the employee.

How many times have you heard "your safety is our priority".... ?

Personally I think she's after a new house - but what the law says is another matter.

 

[kamchatsky]

In all my years of medical practice I have never seen or heard of someones ear drums rupturing from noise. Infection and diving YES, toddlers NO. A medical expert witness should have been able to get this thrown out, I dread to think what type of medic would be prepared to act for her! Some people will do anything for money.

Maybe the kid was using vuvuzela to give it additional power?! :shock:

 

[haydensydney]

Maybe the kid was using vuvuzela to give it additional power?! :shock:

Haha...! Mental images :mrgreen:

Seriously though, what a bloody joke. God knows why QF didn't see this one through the courts and get that result plastered through the media.

 

[JetLagged]

The pain, the anguish, the suffering, the disappointment - the litany of gripes and complaints....

I thought the comment that she hasn't been able to work since, and that she has had to put her business on the market (supposedly as a direct consequence of the incident) smacks of a sense of the real reason - I'm going down the financial gurler and here is a nice fat airlines company that will rescue me by forcing it to ....

Like the rest fo you - I'd have smashed more than her eardrums - ina legal way, of course! 'Blessed are the meek", after all!!!:mrgreen:

 

[Dave Noble]

Seriously though, what a bloody joke. God knows why QF didn't see this one through the courts and get that result plastered through the media.

Possibly because there is more to the story than was reported in that article.

 

[anat0l]

Possibly because there is more to the story than was reported in that article.

Perhaps that is quite true but based on the event that caused the contention is it feasible to think of a reason why QF could be clearly negligent?

 

[ejb]

I would guess that QF offered an amount less than the legal fees required to defend the claim.

This makes it go away and removes the uncertain behaviour of the court system.

ejb