Luggage Fell on Head - Compensation Offered

Steve_xx

lozzer90 wrote: »

I think claiming will be a waste of time.

3 years ago i lost my hearing due to the pressure in a plane, this was comfirmed by a doctor that, that was what caused the loss. I couldnt claim a thing.

Your condition was probably caused by what is known as an act of god. Therefore it would have been difficult for you to establish a claim in negligence, though not impossible. The poster here had an injury sustained by a member of staff who should have been more careful. On the one hand, accidents happen and it seems somehow unreasonable to pursue a claim against the airline. On the other hand the person might suffer long term injury as a result of this accident and therefore it is reasonable to expect some financial acknowledgement if this is the case.

dmg24

Voyager2002 wrote: »

We don't yet know how serious the injury is, but at worst the consequences of an accident like this could be life-changing. If it turns out that the poor victim is unable to pursue her chosen career as a result of this incident, or is otherwise placed at a serious disadvantage, then the financial cost of coping could be enormous. Since Virgin have apologised and offered some kind of compensation, it is clear that they have accepted liability. Until the victim knows her long-term prognosis and so can estimate the costs she is likely to face as a result, she would be extremely foolish to accept any offer -- even one that looks like a lot of money.

First stop the doctor, and probably a specialist, for advice about what is likely to happen in future. Only then will a lawyer be able to help.

So your reply to Virgin should be polite, and should say that you cannot agree to accept any compensation until you have established the likely long-term effect of the accident on your sister's life chances and employment prospects. Thank them for their concern, and promise that you will be in touch one you are in a position to propose a reasonable sum as compensation.

She had whiplash !!!!!!, it is hardly life threatening!

I doubt very much that Virgin have admitted liability per se, there is a big difference between offering a goodwill gesture and admitting negligence.

I am sure that one of these nasty no win no fee firms will take it on for you ... and maybe next time that you make a genuine mistake, someone will sue you also? :rolleyes:

donny_osmonds_mad_fan

I would say it could be negligent in that she says it happened prior to take off......a laptop on a head could cause a serious injury especially then flying 10 hours long haul, surely virgin should have got the lady off the plane for medical treatment? They took a risk taking her on a 10 hour plane journey don't you think?

MrSmartprice

Steve_xx wrote: »

Your condition was probably caused by what is known as an act of god.

What on earth does this mean?

There has never been any evidence whatsoever of the existence of god. The term is not used in the insurance industry any more, they tend to deal with facts.:rolleyes:

Whilst I would not wish to express an opinion on the incident, it is the case that if the airline were negligent they should compensate accordingly. It is vicarious liability which deems that the company are responsible for the acts or omissions of its employees.

Why do some people seem to think that it is unreasonable for people to be responsible for their negligence when damage or injury occurs?

Voyager2002

MrSmartprice wrote: »

What on earth does this mean?

There has never been any evidence whatsoever of the existence of god. The term is not used in the insurance industry any more, they tend to deal with facts.:rolleyes:

Whilst I would not wish to express an opinion on the incident, it is the case that if the airline were negligent they should compensate accordingly. It is vicarious liability which deems that the company are responsible for the acts or omissions of its employees.

Why do some people seem to think that it is unreasonable for people to be responsible for their negligence when damage or injury occurs?

If something went wrong with the pressure in the aeroplane, so that several passengers were affected and one suffered lasting damage, the airline would have to accept liability. However, if the the pressure in the aeroplane in question changed in exactly the same way as on all other flights; if all other passengers were fine; and for some unknown reason only one passenger was affected, then it would be hard to say that the airline was responsible.

Voyager2002

dmg24 wrote: »

She had whiplash !!!!!!, it is hardly life threatening!

I doubt very much that Virgin have admitted liability per se, there is a big difference between offering a goodwill gesture and admitting negligence.

I am sure that one of these nasty no win no fee firms will take it on for you ... and maybe next time that you make a genuine mistake, someone will sue you also? :rolleyes:

Symptoms like vomiting and constant headaches sound to me like a head injury rather than whiplash: although I am not medically qualified. Anyway, you really don't want to know what the long-term consequences of a head injury can be. The OP's first step should be to seek the best possible medical care, along with advice about what is likely to happen to her sister in the future. Only then will she be in a position to make a sensible decision about compensation.

And even at best, even if it is only whiplash, loss of several day's earnings is likely to be worth a good deal more than thirty pounds.

Incapuppy

I have to agree with Voyager in that I would have thought an accident like this would cause a head (and possibly neck?) injury rather than whiplash (which to me [the medically unqualified] would suggest a rapid 'whipping back and forth' motion of the head/neck.

The GP does not appear to have thought it necessary to initiate further investigation as to the extent of the physical damage. If the person is still suffering I would suggest they go back to their GP who should easily be able to arrange for further tests (x-ray/scan etc?) to determine what (if any) are the initial/long lasting effects of this accident.

I would not accept anything from Virgin until a thorough medical examination had ascertained exactly what is wrong.

In any scenario like this someone (and I'm talking generally here, not specifically about the OP's sister) could be accused of jumping on the 'compensation bandwagon' but surely this can be proven one way or the other with further medical investigation?

I might be barking up the wrong tree but would an incident/accident like this not be covered by travel insurance, is there any provision for legal assistance with policies?

donny_osmonds_mad_fan

whilst the mere act of the laptop falling on the head is an accident, I still feel they were fairly negligent in not making sure her injuries were not more serious....did they offer to take her off the plane for medical treatment? the passenger not agree to that? or did they not offer to do that? has she had x rays?

did this happen leaving heathrow or departing to come home from your holiday?

Steve_xx

MrSmartprice wrote: »

What on earth does this mean?

There has never been any evidence whatsoever of the existence of god. The term is not used in the insurance industry any more, they tend to deal with facts.:rolleyes:

Whilst I would not wish to express an opinion on the incident, it is the case that if the airline were negligent they should compensate accordingly. It is vicarious liability which deems that the company are responsible for the acts or omissions of its employees.

Why do some people seem to think that it is unreasonable for people to be responsible for their negligence when damage or injury occurs?

It is a term used when no liability can be reasonably apportioned to an individual. Acts of God are factual, ie if a hurricane blows your house down it is a fact, and it is also an Act of God since no human could orchestrate that.

In your third paragraph I am unsure as to which incident you are not wishing to express an opinion on. Though clearly you are expressing an opinion.

If you travel in an aeroplane and are deafened as a result it may be possible to prove negligence on the part of the carrier. If other passengers on the flight had been rendered deaf then a claim in negligence would be easier to substantiate than if just one passenger was made deaf.

M4RKM

Voyager2002 wrote: »

Symptoms like vomiting and constant headaches sound to me like a head injury rather than whiplash: although I am not medically qualified. Anyway, you really don't want to know what the long-term consequences of a head injury can be. The OP's first step should be to seek the best possible medical care, along with advice about what is likely to happen to her sister in the future. Only then will she be in a position to make a sensible decision about compensation.

And even at best, even if it is only whiplash, loss of several day's earnings is likely to be worth a good deal more than thirty pounds.

But, the symptoms could be from heat, exhaustion, food poisoning etc, so personally, that argument doesn't wash with me.

Also, the OP said that she is scared of flying on her own now, after this happened, well, and easy solution, is to have a window seat, and then nothing will really fall on head.

Question I'll ask, who did the laptop bag belong to? Surely the OP should be sueing them, for not putting it in the compartment correctly.

M