23 Feb 2008 03:21:29 | Greg Hickman
The skies of America’s airline industry are anything but
hospitable these days. Operational costs are up, profits (what
profits?) are nonexistent, fuel costs are going through the roof
and labor problems seem to always be looming on the horizon.
The entire airline industry, with the notable exception of
Southwest Airlines, has made losing money an art form. Since the
deregulation of the airline industry in 1979, a number of major
carriers (including Eastern, Braniff and Pan Am) have gone under
while scores of other carriers have filed for bankruptcy
protection.
About the last thing the airlines needed were a pack of
litigation crazed lawyers looking to score some nice pocket
change - but that’s exactly what they got.
Some of the lawsuits filed by airline chasing lawyers include
the following:
Economy class syndrome. Airlines are bracing themselves for
lawsuits being brought by hundreds of passengers over the
condition known as deep vein thrombosis (“DVT”). DVT, now
commonly known in legal circles as “economy class syndrome”
since this condition allegedly tends to afflict passengers on
long haul flights, occurs when a blood clot forms due to hours
of immobility and cramped seating.
Once the passenger leaves the plane, the blood clot may become
dislodged and then travel to a vital organ and have a deadly
result. Lawyers are citing that airlines have known about this
problem for years and have failed to adequately warn their
passengers. There’s the key to the piggy bank. Lawyers looking
to win millions always claim that the big company knew about the
problem and failed to correct it (remember the cigarette
lawsuits?).
Is the evidence conclusive? Of course not. Does that matter to
the lawyers looking hovering over the airline industry.? What do
you think? These lawsuits have the potential for massive
pay-outs, since the airlines have deep pockets to pick. In It’s
Time to Wake Up and Smell the Lawyers, we examine how money
grubbing lawyers always gravitate towards the deep pocketed
companies. No big surprise here.
Toxic air onboard. Another hotbed of lawsuit activity concerning
the airline industry involves toxic air in the passenger cabin.
Airlines and airplane manufacturers are getting hit with a
flurry of “toxic air” related lawsuits.
Various lawsuits brought by flight attendants allege that some
airlines and the companies that manufactured the aircraft have
known (bingo!) that the MD-80 and DC-9 aircraft have design
flaws that make it easy for leaking chemical fluids to get
sucked into the auxiliary power unit (a small turbine engine
used to generate electricity and circulate cabin air before
takeoff) and then mix with the cabin air. Naturally, the
defendants deny the claims.
After a group of Alaska Airlines flight attendants garnered a
$725,000 out of court settlement regarding the claims, Boeing
and Honeywell were next on the hit list. The fun had just begun.
Let’s lighten the tone by reviewing a few goofy lawsuits filed
against the airline industry.
A man, traveling aboard U. S. Airways, was taking a snooze when
the plane landed in Birmingham, Alabama. Somehow the crew
managed to leave him on the plane. When he awoke from his
slumber, the man claimed it was really dark and he didn’t know
if he was dead or alive. He sued for fright and other harms.
A Delta Airlines passenger won $1.25 million for “landing
trauma” after a terrifying emergency landing en route to
Cincinnati. Her lawyer contended that the episode caused her to
suffer post-traumatic stress syndrome (there’s another one of
those syndromes again) and aggravation of her pre-existing
depression. The judge ruled that her terror during landing led
to physical changes within the brain and that “could” be defined
as an injury.
A government employee sued Air Canada for more than $500,000
because he could not order a 7-Up in French. During a flight,
the man ordered a 7-Up in French and the flight attendant
couldn’t understand the order. Eventually the man ended up with
a Sprite. After a heated argument that ultimately required the
local police to meet the plane upon arrival, the passenger sued
over the language dispute (I’m not quite sure how the argument
went since communication appears to have been the problem in the
first place). Afterward, the man said he wanted Air Canada to
apologize for not offering services in French and to toss him
some pocket change for his trouble.
A judge ruled that Southwest Airlines did not unlawfully
discriminate against one of its passengers when the airline
required the passenger to purchase a second seat on one of its
flights. The passenger tipped the scales at over 300 pounds.
A few days earlier, an official agency in Canada recommended
that airlines be forbidden to charge their highly obese
passengers for a second seat if a excessively corpulent
passenger required one. This recommendation was based on the
grounds that an highly overweight condition should be counted as
a disability entitled to compensation. Twinkie anyone?
If you’re a member of American Airlines’ frequent flyer program,
you may have received a class action settlement notice in the
mail. The brouhaha centers around the airline’s decision to
raise the point level requirement for a free coach class ticket
from the previous 20,000 mile level to 25,000. Good grief,
doesn’t anybody have something better to do with their time? By
the way, while the class member may receive a 5,000 mile
discount on a frequent flyer award or up to $75 off the purchase
of a ticket (minimum ticket price of $220), the attorneys are
looking to pocket fees “not to exceed $25 million.”
When a lawyer is looking to make a fortune, it seems like the
sky’s the limit these days. Look out below!
http://www.power-of-attorneys.com/
About Author :
A straight forward, enthusiastic, shoot from the hip style
coupled with his twenty five years of management, leadership and
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