Flying The Unfriendly Skies
By Greg Hickman, Fri Dec 9th
The skies of America’s airline industry are anything buthospitable these days. Operational costs are up, profits (whatprofits?) are nonexistent, fuel costs are going through the roofand labor problems seem to always be looming on the horizon.
The entire airline industry, with the notable exception ofSouthwest Airlines, has made losing money an art form. Since thederegulation of the airline industry in 1979, a number of majorcarriers (including Eastern, Braniff and Pan Am) have gone underwhile scores of other carriers have filed for bankruptcyprotection.
About the last thing the airlines needed were a pack oflitigation crazed lawyers looking to score some nice pocketchange - but that’s exactly what they got.
Some of the lawsuits filed by airline chasing lawyers includethe following:
Economy class syndrome. Airlines are bracing themselves forlawsuits being brought by hundreds of passengers over thecondition known as deep vein thrombosis (“DVT”). DVT, nowcommonly known in legal circles as “economy class syndrome”since this condition allegedly tends to afflict passengers onlong haul flights, occurs when a blood clot forms due to hoursof immobility and cramped seating.
Once the passenger leaves the plane, the blood clot may becomedislodged and then travel to a vital organ and have a deadlyresult. Lawyers are citing that airlines have known about thisproblem for years and have failed to adequately warn theirpassengers. There’s the key to the piggy bank. Lawyers lookingto win millions always claim that the big company knew about theproblem and failed to correct it (remember the cigarettelawsuits?).
Is the evidence conclusive? Of course not. Does that matter tothe lawyers looking hovering over the airline industry.? What doyou think? These lawsuits have the potential for massivepay-outs, since the airlines have deep pockets to pick. In It’sTime to Wake Up and Smell the Lawyers, we examine how moneygrubbing lawyers always gravitate towards the deep pocketedcompanies. No big surprise here.
Toxic air onboard. Another hotbed of lawsuit activity concerningthe airline industry involves toxic air in the passenger cabin.Airlines and airplane manufacturers are getting hit with aflurry of “toxic air” related lawsuits.
Various lawsuits brought by flight attendants allege that someairlines and the companies that manufactured the aircraft haveknown (bingo!) that the MD-80 and DC-9 aircraft have designflaws that make it easy for leaking chemical fluids to getsucked into the auxiliary power unit (a small turbine engineused to generate electricity and circulate cabin air beforetakeoff) and then mix with the cabin air. Naturally, thedefendants deny the claims.
After a group of Alaska Airlines flight attendants garnered a$725,000 out of court settlement regarding the claims, Boeingand Honeywell were next on the hit list. The fun had just begun.
Let’s lighten the tone by reviewing a few goofy lawsuits filedagainst the airline industry.
A man, traveling aboard U. S. Airways, was taking a snooze whenthe plane landed in Birmingham,
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Alabama. Somehow the crewmanaged to leave him on the plane. When he awoke from hisslumber, the man claimed it was really dark and he didn’t knowif he was dead or alive. He sued for fright and other harms.
A Delta Airlines passenger won $1.25 million for “landingtrauma” after a terrifying emergency landing en route toCincinnati. Her lawyer contended that the episode caused her tosuffer post-traumatic stress syndrome (there’s another one ofthose syndromes again) and aggravation of her pre-existingdepression. The judge ruled that her terror during landing ledto physical changes within the brain and that “could” be definedas an injury.
A government employee sued Air Canada for more than $500,000because he could not order a 7-Up in French. During a flight,the man ordered a 7-Up in French and the flight attendantcouldn’t understand the order. Eventually the man ended up witha Sprite. After a heated argument that ultimately required thelocal police to meet the plane upon arrival, the passenger suedover the language dispute (I’m not quite sure how the argumentwent since communication appears to have been the problem in thefirst place). Afterward, the man said he wanted Air Canada toapologize for not offering services in French and to toss himsome pocket change for his trouble.
A judge ruled that Southwest Airlines did not unlawfullydiscriminate against one of its passengers when the airlinerequired the passenger to purchase a second seat on one of itsflights. The passenger tipped the scales at over 300 pounds.
A few days earlier, an official agency in Canada recommendedthat airlines be forbidden to charge their highly obesepassengers for a second seat if a excessively corpulentpassenger required one. This recommendation was based on thegrounds that an highly overweight condition should be counted asa 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 themail. The brouhaha centers around the airline’s decision toraise the point level requirement for a free coach class ticketfrom the previous 20,000 mile level to 25,000. Good grief,doesn’t anybody have something better to do with their time? Bythe way, while the class member may receive a 5,000 milediscount on a frequent flyer award or up to $75 off the purchaseof a ticket (minimum ticket price of $220), the attorneys arelooking to pocket fees “not to exceed $25 million.”
When a lawyer is looking to make a fortune, it seems like thesky’s the limit these days. Look out below!
http://www.power-of-attorneys.com/
About the author:A straight forward, enthusiastic, shoot from the hip stylecoupled with his twenty five years of management, leadership andspeaking experience makes Greg a much sought after motivationalspeaker. Greg's electrifying and energetic passion for helpingothers become the absolute best they can be helps powerfullydeliver his dynamic and positive message to his audience. Gregconnects with his audience by speaking to them straight from hisheart.
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