Luggage Fell on Head - Compensation Offered

Tozer

sturll wrote: »

Give up!

A laptop bag falling about a foot onto someones head is hardly deadly.

Ateotd VS have offered them a free flight, what does she want the hotel and car throwing in too!

Get over it accidents happen.

I think we should remember that the injured person is still suffering problems. I'm not quite sure you are qualified to give medical advice but my layperson's view is that she should get herself back to a doctor pretty pronto.

sturll

Tozer wrote: »

I think we should remember that the injured person is still suffering problems. I'm not quite sure you are qualified to give medical advice but my layperson's view is that she should get herself back to a doctor pretty pronto.

Im a solicitor, albeit i work with equity and trusts but i have many friends who work with injuries etc. They tell me some of the tales - but whiplash from a bag that fell a foot. Thats a joke. We live in a blame society these days. Legally VS didnt have to offer her anything, they cant possibly be responsable for a bag accidently falling a foot onto a passengers head. If anyone is responsable its the person who put it there. But he would simply say someone moved and you'd never find a culprit.

Virgin have gone out of there way by offering a free flight, lets not forget a flight to Sydney is £750 return so its quite good compensation for something that wasn't even their fault.

So really, get over it. She'll be suing God for turbulence next.

Tozer

Great, you are a solicitor. You should know then that if there was negligence with a causal link to the damage suffered, then VS are responsible to pay compensation. If the victim was susceptible to injury for any reason, then that is no defence.

I don't think you can give a legal opinion as to what VS are obliged to offer.

As for suing God, I think there are some pretty hefty jurisdictional issues in the way.

Sam_Bee

Tozer wrote: »

As for suing God, I think there are some pretty hefty jurisdictional issues in the way.

To be fair there have been precedents: http://www.foxnews.com/story/0,2933,297121,00.html

sturll

Tozer wrote: »

Great, you are a solicitor. You should know then that if there was negligence with a causal link to the damage suffered, then VS are responsible to pay compensation. If the victim was susceptible to injury for any reason, then that is no defence.

I don't think you can give a legal opinion as to what VS are obliged to offer.

As for suing God, I think there are some pretty hefty jurisdictional issues in the way.

No, you take the victim as you find them, that is if the person has a thin skull (actually called the thin skull rule) then you treat them as such, so if a person was more susceptable to injury then others then yes that is the subjective standard.

But VS cannot possibly be liable for this. The claimant would have to prove that the stewardess was negligent, the stewardess would have to prove she simply open the bin and it was the passenger etc.... There is no end. A shimmer of hope would be Vicarious liability or employers liability in that VS are responsible for the actions of their stewardess. Now, since VS have a duty of care over their pax if the stweardess had been negligent then her acts could be attributed to the airline. If and i mean were talking about a IF the size of a 747 VS did end up being vicariously liable they would whip out ther terms and conditions at the speed of light and spout the 'force majour' And it would nullify the claimant.

Accept the free flight, sun it up on a beach and sit next to the window in future.

M4RKM

sturll wrote: »

Virgin have gone out of there way by offering a free flight, lets not forget a flight to Sydney is £750 return so its quite good compensation for something that wasn't even their fault.

So really, get over it. She'll be suing God for turbulence next.

I was just coming back on to say something along these lines too... singapore, sydney, hell.. a free flight return, anywhere in the world.. i'd kill to get something like that for free... (well, i wouldn't, but you know what i mean!)

M

sturll

markymoo wrote: »

I was just coming back on to say something along these lines too... singapore, sydney, hell.. a free flight return, anywhere in the world.. i'd kill to get something like that for free... (well, i wouldn't, but you know what i mean!)

M

I normally sit at the window, ill be strategically placing my laptotp bag in the overhead locker and sitting in the aisle from now on, when the stewardess opens it.....ouch.... free flight thank you

kathryn2

sturll wrote: »

Give up!

A laptop bag falling about a foot onto someones head is hardly deadly.

Ateotd VS have offered them a free flight, what does she want the hotel and car throwing in too!

Get over it accidents happen.

You have no idea how heavy the bag was, or how far it actually fell, how it struck the person's head (edge or side on) - anything really.

It's pretty common knowledge that head injuries can be serious - in this case not 'deadly', but they certainly can be! I would rather not run the risk of a 5kg weight being dropped on my head, thanks, not even for the possibility of getting a free flight.

It's also common sense that if symptoms following an accident persist for an unusually long time the person should go back to the doctor to be checked again - there may be problems that were not obvious on an initial examination.

Accidents do indeed happen. But sometimes they are caused by negligence, and in that case Virgin are liable for compensation. None of us can judge either the medical health of the OP's sister or the liability of Virgin over the internet, though.

Tozer

sturll wrote: »

No, you take the victim as you find them, that is if the person has a thin skull (actually called the thin skull rule) then you treat them as such, so if a person was more susceptable to injury then others then yes that is the subjective standard.

But VS cannot possibly be liable for this. The claimant would have to prove that the stewardess was negligent, the stewardess would have to prove she simply open the bin and it was the passenger etc.... There is no end. A shimmer of hope would be Vicarious liability or employers liability in that VS are responsible for the actions of their stewardess. Now, since VS have a duty of care over their pax if the stweardess had been negligent then her acts could be attributed to the airline. If and i mean were talking about a IF the size of a 747 VS did end up being vicariously liable they would whip out ther terms and conditions at the speed of light and spout the 'force majour' And it would nullify the claimant.

Accept the free flight, sun it up on a beach and sit next to the window in future.

I think actually it's the "Eggshell skull" rule.

I don't think the issue of vicarious liability makes any difference either way - you would sue the airline and not the flight attendant.

Oh and as for the terms and conditions, section 2 Unfair Contract Terms Act 1977 - you cannot exclude or restrict death or personal injury caused by negligence.

Final point "majeure".;)

sturll

kathryn2 wrote: »

You have no idea how heavy the bag was, or how far it actually fell, how it struck the person's head (edge or side on) - anything really.

It's pretty common knowledge that head injuries can be serious - in this case not 'deadly', but they certainly can be! I would rather not run the risk of a 5kg weight being dropped on my head, thanks, not even for the possibility of getting a free flight.

It's also common sense that if symptoms following an accident persist for an unusually long time the person should go back to the doctor to be checked again - there may be problems that were not obvious on an initial examination.

Accidents do indeed happen. But sometimes they are caused by negligence, and in that case Virgin are liable for compensation. None of us can judge either the medical health of the OP's sister or the liability of Virgin over the internet, though.

Negligence how?