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View Full Version : SWA passengers sue


100LL
06-21-2018, 11:32 AM
https://www.cnn.com/2018/06/21/us/southwest-flight-lawsuit/index.html?utm_source=fbCNN&utm_medium=social&utm_content=2018-06-21T18%3A32%3A05&utm_term=link

This is why aviation is so expensive...sue happy people. My favorite was the claim that the flight ruined some marriages. They even admitted to being afraid of flying....well don't fly then :rolleyes::rolleyes::rolleyes: Which brings me to my next point .......


WHACKMASTER
06-21-2018, 11:40 AM
Oh here we go...... Theyíll get their settlement out of court no doubt.

flyguy81
06-21-2018, 01:13 PM
"A few passengers in the lawsuit cite marriages ruined due to the "devastating impact" of the incident on their relationships."

Their relationship would be far worse off if they were dead.....


FL370esq
06-22-2018, 08:54 AM
Their relationship would be far worse off if they were dead.....

Maybe not.....especially after the life insurance proceeds hit the checking account. 😄

Brillo
06-22-2018, 09:03 AM
I have a similar reaction of disgust at this type of stuff, as we all do. Then I think though, I can see how it happens. Let's say I've been involved in some type of incident. A few days later, fifteen lawyers call me and want me to sue or become part of a class action. Even though I was okay, and it wasn't really any type of gross negligence on the part of whatever organization was involved, the lawyers are promising me life-changing money from some faceless, cold organization that has billions and should be held accountable. Suddenly I start rationalizing all kinds of stuff and pretty soon I deserve that money. Besides, it's just a write-off for them they tell me. It's financial security for me and my family, and the corporation won't even "feel" it. It's just pennies to some nameless shareholders.

Not saying any of this is right, but when it's others it's frivolous, but it suddenly becomes a whole lot less frivolous when it's us and we are looking at a potential financial windfall.

If you can honestly say that you will stand on principle in that type of situation when a lawyer says you've got a really good shot at 2-3 million from a company that won't even feel it, then good on you. But I think the number of people that would turn that down is fairly small.

Smooth at FL450
06-22-2018, 01:56 PM
I'm going to go out on a limb and say that relationship had issues before this event, and now they are attempting to monetizing it.

ROFF
06-22-2018, 04:07 PM
So an airline ruined their marriage?

Join the club.

Jeff Lebowski
06-22-2018, 05:18 PM
I have a similar reaction of disgust at this type of stuff, as we all do. Then I think though, I can see how it happens. Let's say I've been involved in some type of incident. A few days later, fifteen lawyers call me and want me to sue or become part of a class action. Even though I was okay, and it wasn't really any type of gross negligence on the part of whatever organization was involved, the lawyers are promising me life-changing money from some faceless, cold organization that has billions and should be held accountable. Suddenly I start rationalizing all kinds of stuff and pretty soon I deserve that money. Besides, it's just a write-off for them they tell me. It's financial security for me and my family, and the corporation won't even "feel" it. It's just pennies to some nameless shareholders.

Not saying any of this is right, but when it's others it's frivolous, but it suddenly becomes a whole lot less frivolous when it's us and we are looking at a potential financial windfall.

If you can honestly say that you will stand on principle in that type of situation when a lawyer says you've got a really good shot at 2-3 million from a company that won't even feel it, then good on you. But I think the number of people that would turn that down is fairly small.

Good point. The pressure to go after that big money must seem intense--especially if you're inclined to cast yourself as a victim or have no moral qualms whatsoever, in which case no amount of money will save you.

As for the 135 or so folks who didn't take the bait, kudos. You give me hope.

dawgdriver
06-22-2018, 08:32 PM
I have a similar reaction of disgust at this type of stuff, as we all do. Then I think though, I can see how it happens. Let's say I've been involved in some type of incident. A few days later, fifteen lawyers call me and want me to sue or become part of a class action. Even though I was okay, and it wasn't really any type of gross negligence on the part of whatever organization was involved, the lawyers are promising me life-changing money from some faceless, cold organization that has billions and should be held accountable. Suddenly I start rationalizing all kinds of stuff and pretty soon I deserve that money. Besides, it's just a write-off for them they tell me. It's financial security for me and my family, and the corporation won't even "feel" it. It's just pennies to some nameless shareholders.

Not saying any of this is right, but when it's others it's frivolous, but it suddenly becomes a whole lot less frivolous when it's us and we are looking at a potential financial windfall.

If you can honestly say that you will stand on principle in that type of situation when a lawyer says you've got a really good shot at 2-3 million from a company that won't even feel it, then good on you. But I think the number of people that would turn that down is fairly small.

Good insight and clear evidence of the desperate need for Torts Reform in the US.

FL370esq
06-23-2018, 01:55 AM
I'm going to go out on a limb and say that relationship had issues before this event, and now they are attempting to monetizing it.

Probably got busted on video exiting the airplane w/someone other than their spouse. 😄

Kinda like the guy who is suing CVS because the pharmacy tech told his wife about his "secret" Viagra prescription.

ThePenguin328
06-23-2018, 05:39 AM
Just for the sake of internet discussion..... are you guys saying the plaintiffs don't have a case against Southwest?

jDSTJD
06-23-2018, 06:19 AM
Each plaintiff will still have to actually prove their claim including their individual damages. Anyone can go to the courthouse and file a lawsuit but the buden of proof is still on them. Even though the burden is by a preponderance of the evidence and, therefore, not that high, it's still not that easy to meet especialy in these types of cases. They have to first prove negligence, then that the negligence was the proximate cause of the problem, that there was no superceding or intervening factor that caused the problem rather than any negligence that was committed and their actual monetary damages. It's going to boil down to a battle between the expert witnesses, the parties are going to eventually realize that if the case goes to trial the jury will be all kinds of confused, irritated and worn out by all the technical engineering and medical testimony and will ultimately settle. That's what makes these tort cases so attractive to lawyers. They're not really trying to teach the company a lesson by taking the case to trial and seek punitive damages (most of the time). They just want to go as far as they can until the company says forget it just settle. This is why I hate litigation. It's just game. Guess I woke up in a bad mood sorry.

Adlerdriver
06-23-2018, 07:51 AM
I'll get in line to scoff at the whining snowflakes claiming their marriage is destroyed by this event. PTSD? :rolleyes: GMAFB.

But, some people did actually get injured and one was killed. Somebody has to answer for that. In 2018, getting on an aircraft to fly from A to B is not a risky endeavor. So, saying the pax knew the risk? I'm not buying it.

You're saying that purchasing a SWA ticket means they accept the possibility that a modern jet engine might have an uncontained failure and either kill them with shrapnel or cause them to be sucked out of the aircraft? Turbulence, bird strike, some other external act of God that cascades into a serious event is one thing. But, they're going to be able to pinpoint this failure to a specific component or multiple ones and there's going to be a reason for the failure. I'd say chances are high that someone didn't do something correctly. These engines are designed to fail safely and cowlings aren't supposed to just fly off (trend item now, I'd say).

Someone opening their checkbook to compensate the truly injured and family of the deceased doesn't seem like too much to ask.

Super EZ E
06-24-2018, 07:08 PM
I have an Attorney for my business, the first thing he always says! "What are the damages?" You can file suit for anything, do you have a real claim? Sure. Damages are nothing. They didn't die and that's the bottom line.

flensr
06-24-2018, 09:12 PM
Maybe they'll be awarded damages in the amount of a one year match.com subscription, or marriage counseling.

Excargodog
06-25-2018, 07:33 AM
PTSD? :rolleyes: GMAFB.


I agree with that much certainly. Psychiatry in its own way is as bad as the ambulance chasers. And people tend to BECOME their diagnoses, regardless of merit. That applies to PTSD, ADD, ODD (oppositional defiance disorder), and dozens of others. Shrinks get paid big bucks for treating 'disorders' that parents or friends used to handle quite nicely. Most WWII vets saw or experienced worse IN TRAINING FOR COMBAT than what the survivors of that flight experienced and simply pressed on anyway. And yeah, a lot of us have experienced more missing man formations than we wish for friends and squadron mates, but life gives no guarantees other than you aren't going to get out of it alive. Indulging people in their victimhood can be more harmful TO THEM than the unpleasantness they experienced.

For people actually injured - no problem. Cover any real losses, medical or otherwise. But we shouldn't incentivize being a wuss.

And yes, if it was a maintenance or engineering foul up, deal with it to whatever level is appropriate. But witnessing a tragedy should never become winning the lottery. If nothing else, it's bad public policy.

RckyMtHigh
06-26-2018, 04:10 AM
Seems like they were almost trying to talk us into a ptsd claim leaving the military. It was sickening when someone who had never left the wire left with a VA rating for ptsd. It diminishes the real trauma of those truly suffering from it.

FollowMe
06-26-2018, 04:34 AM
Seems like they were almost trying to talk us into a ptsd claim leaving the military. It was sickening when someone who had never left the wire left with a VA rating for ptsd. It diminishes the real trauma of those truly suffering from it.

I have a combat injury and a VA rating under 50, I know plenty of people who never saw hostile territory and have 100, every one of them has PTSD on their claim...

That said PTSD is a real and potentially debilitating thing for severe trauma survivors. If youíve ever seen rescue me itís pretty accurate, I have a buddy who sees and talks to his soldiers all the time, even though they passed more than a decade ago now.

Albief15
06-26-2018, 04:43 AM
PNS accident was similar, but no fuselage penetration that caused injuries. SWA..and others...wanted MORE time to comply with fan blade inspections. Cost for inspection (as I recall reading) was about 2 man hours an engine.

Less than two years later, someone is killed.

I don't know if the engine in question was inspected or not, but the cost saving emphasis and the delay in inspections sure seem like safety spelled $afety. This isn't just a SWA issue--we have similar things that irk me at my company too.

That said--some damages may be trivial and dismissed, but from the sidelines a lawsuit seems not only warranted, but appreciated by this professional. If two extra man hours might have prevented this mishap, it seems like a small price to pay. I'd rather have our airlines being "overly" cautious about ADs and issues instead of hobnobbing the Feds to slow leak them for more time. This lawsuit may help remind them that NOT taking action can be costly too.

Just one guys opinion--I may be wrong....

bigfatdaddy
06-26-2018, 05:04 AM
PNS accident was similar, but no fuselage penetration that caused injuries. SWA..and others...wanted MORE time to comply with fan blade inspections. Cost for inspection (as I recall reading) was about 2 man hours an engine.

Less than two years later, someone is killed.

I don't know if the engine in question was inspected or not, but the cost saving emphasis and the delay in inspections sure seem like safety spelled $afety. This isn't just a SWA issue--we have similar things that irk me at my company too.

That said--some damages may be trivial and dismissed, but from the sidelines a lawsuit seems not only warranted, but appreciated by this professional. If two extra man hours might have prevented this mishap, it seems like a small price to pay. I'd rather have our airlines being "overly" cautious about ADs and issues instead of hobnobbing the Feds to slow leak them for more time. This lawsuit may help remind them that NOT taking action can be costly too.

Just one guys opinion--I may be wrong....

.........................plus one!

Peacock
06-26-2018, 09:06 AM
PNS accident was similar, but no fuselage penetration that caused injuries. SWA..and others...wanted MORE time to comply with fan blade inspections. Cost for inspection (as I recall reading) was about 2 man hours an engine.

Less than two years later, someone is killed.

I don't know if the engine in question was inspected or not, but the cost saving emphasis and the delay in inspections sure seem like safety spelled $afety. This isn't just a SWA issue--we have similar things that irk me at my company too.

That said--some damages may be trivial and dismissed, but from the sidelines a lawsuit seems not only warranted, but appreciated by this professional. If two extra man hours might have prevented this mishap, it seems like a small price to pay. I'd rather have our airlines being "overly" cautious about ADs and issues instead of hobnobbing the Feds to slow leak them for more time. This lawsuit may help remind them that NOT taking action can be costly too.

Just one guys opinion--I may be wrong....

Iím no maintenance expert but after hearing one of our maintainers describe the inspection process, I seriously doubt your claim that it takes two man hours.

It also seems strange that you ďappreciateĒ a lawsuit claiming bull**** damages like marital distress. Actual injuries are another matter. In fact it seems strange you would even make that post considering you donít know whether the engine was inspected, and donít seem to know much about it at all.

Broncofan
06-27-2018, 05:26 AM
"A few passengers in the lawsuit cite marriages ruined due to the "devastating impact" of the incident on their relationships."

Their relationship would be far worse off if they were dead.....

As would the law suits

Albief15
06-29-2018, 05:29 PM
Iím no maintenance expert but after hearing one of our maintainers describe the inspection process, I seriously doubt your claim that it takes two man hours.

It also seems strange that you ďappreciateĒ a lawsuit claiming bull**** damages like marital distress. Actual injuries are another matter. In fact it seems strange you would even make that post considering you donít know whether the engine was inspected, and donít seem to know much about it at all.

Here is one source. I got the two hour number from another article but cannot find the link.

https://www.cnbc.com/2018/04/19/reuters-america-update-1-southwest-challenged-engine-maker-cfm-over-proposed-faa-inspections.html

After someone was killed, it was amazing how quickly they managed to get those inspections done. 30 days vice 20 months. Make your own conclusions.

jDSTJD
07-08-2018, 06:37 PM
I agree with that much certainly. Psychiatry in its own way is as bad as the ambulance chasers.

I tend to be a bit cynical about some in my profession myself but we're not all that bad :(

I really do hope that those who have legitimate claims have them redressed, but it will be a complex and lengthy case due to the parties involved.