An air traveler is suing British Airways after a metal water bottle fell on her head during a flight, causing her to no longer be able to see straight. While this was hardly directly the carrier's fault, the Montreal Convention does make the airline liable, so this strikes me as being a reasonable case (thanks to SDFlyer for flagging this)...
Here's hoping that this catches the attention of a few of the airlines who insist on stupidly high hand baggage weight allowances.
The weight allowance itself is not the only problem. The worst for me is tolerating passengers with hand baggage that they can't handle safely without assistance.
To clarify, when the airline covers the cost for injury under MC, it generally recovers the amount through its insurance. In some cases, the insurer, rather than the airline, may handle the claim directly with the customer.
“ Who would place a loose, metal bottle into an overhead bin, and think that’s okay?”
Stupid passengers. I have seen full water bottles fall from overhead bins a few times and luckily nobody was hurt. It usually happens when passengers are loading their backpacks on the overhead bins and their bottles are on the side pocket of the backpack. As they try to place the backpack horizontally in the bin the heavy water bottle slips from the pocket and falls down. I am not kidding, I’ve seen this happen and I always wondered what would happen if that bottle hit someone. It is super dangerous and passengers do not realize that.
I dimly recall an Aer Lingus flight from LHR-DUB about 25 years ago that had safety nets inside the overhead lockers which had to be opened separately after the locker was opened. I’d guess it was a then-new 737 type, and some kind of pilot/trial as I’ve never come across that anywhere else since…
Imagine if the tree huggers use disposable single use containers.
Plastic or paper cups wouldn't cause such injury.
Now bring back my PDB.
To bad EU 261 can't handle it
I haven't seen such an obvious case of cross-eyed negligence since Navin Johnson invented the Opti-Grab!
Yay... Montreal Convention... woo!
Remember cousin Eddie in Christmas Vacation?
“That’s somethin’ ain’t it? She falls down a well, her eyes go crossed. She gets kicked by a mule. They go back to normal. I don’t know.”
Maybe BA needs to hit her on the head with another water bottle.
Flight from Frankfurt to London on British Airways filing suit in Lexington Kentucky. She clearly knows which country’s courts are gullible enough to believe her
Look at the big boy trying to explain jurisdiction. Little buddy, since the purchase point of the ticket was Lexington, KY, that is the most reasonable jurisdiction to adjudicate issues arising under the contract. Now, go see mommy, Farnorthtrader and she'll give you a juice box.
She may, however it’s still covered by the Montreal convention. Jurisdiction is the UK or Germany. The US /DOT does not and has absolutely no authority unless the journey started or ended in the USA. However MAGA believe that US law applies globally.
@Icarus, tickets are often issued in the passenger's country of residence. When I go to the LATAM website to purchase a domestic flight in Brazil or Chile, the system will detect my British IP and recommend that I choose the UK website. Prices will then be quoted in GBP and ticket receipts will most likely indicate London as the place of issue (even if they've got few/no employees based there). It goes without saying that UK consumer law would apply, and I've had an airline concede a County Court claim like that despite initially claiming that UK261 didn't apply because the journey was between EU airports- they were correct that it didn't apply but I had basically sued them under the Consumer Rights Act and only referred to 261 as a way of reinforcing the claim.
If jurisdiction is properly the UK or Germany then in due course BA's lawyers will file a petition to change jurisdiction, or a motion for dismissal due to lack of jurisdiction. The plaintiff is free to file where she wants, and the defendant free to challenge the venue of filing.
Reasonably - this is not BA's fault its just circumstance of accidents with people putting heavy things in the overhead bin.
Im shocked this can be adjudicated in the USA given this completely happened outside of USA jurisdiction. If this was in EU or UK....the lawsuit would get tossed immediately.
This is why America is so expensive....people trying to blame everyone else for just accidents that happen.....american courts would insist on rubber balls for everyone to live inside them...then they would suffocate to death from being in them.....we are also not sure what injury they had prior too.....
I believe that @Sean M. has indicated on this blog that the ICAO/IATA-recommended carry on weight limit is 8kg. I'm sure he posted a link but I can't find it, but he obviously knows his stuff and I've got personal experience flying from an airport where security wouldn't allow anything over 7kg through, irrespective of airline or class of travel.
I believe that @Sean M. has indicated on this blog that the ICAO/IATA-recommended carry on weight limit is 7 or 8kg. I'm sure he posted a link but I can't find it, but he obviously knows his stuff and I've got personal experience flying from an airport where security wouldn't allow anything over 7kg through, irrespective of airline or class of travel.
Despite the double post, I forgot to add that the BA limit is three times that!
"Who would place a loose, metal bottle into an overhead bin, and think that’s okay?" Assuming facts not in evidence. I have had a metal water bottle in the pocket of my backpack designd to hold a water bottle. I take care that it is secured. But, I've seen pax moving around "unimportant" items (i.e., something other than their large roller bag) to fit their bag in. So, if my bottle becomes lose, I'm the bad guy? He'll, no.
Every cartoon I've ever watched has a solution. An odd number of head strives causes problems. The even number ones cure. Just drop a water bottle on their head one more time.
Assuming her description of the medical issues is accurate, this seems pretty reasonable. Her life is meaningfully diminished by something that was no fault of her own.
I look forward to her medical experts being thoroughly cross-examined by BA's attorneys in open court.
I am thoroughly ashamed that I had to do a double take after I had read 'cross-eyed'.
How to read this case. First, Ben is right on the Montreal Convention inputing liability to the carrier in this type of case. Assuming the claimant's proofs are believed, then the trier of fact must come up with damages. And the claimant will collect. That's it.
“Who would place a loose, metal bottle into an overhead bin, and think that’s okay?”
People flying Economy or on a budget airline. Seriously. It’s a perfect storm: the demonization of water bottles not made of glass or metal in many areas, the bans on bottled water sales in many cities, the minimalist-to-non existent on board service in non-Business/First cabins, and airports encouraging people to fill up on water at dedicated water dispensers.
I am delighted to know by now that physicians in the USA have perfect foresight. and know that the damage is permanent after 24 hours.
Also I am delighted to hear that physicians in the USA are so far above the standard of UK based that it is better to fly to the USA than to get medical treatment in the UK
The lack of netting comment strikes me as incredibly stupid. The only mainstream airline I’m aware of that has netting in its overhead bins is Jet2 on their older 737s and 757s (rip)
The only realistic solution is those bins you see on widebody planes where the door is shaped like an inverse car bonnet. I doubt they can be retrofitted to smaller planes though.
“ reactivated latent post-traumatic stress disorder from previous trauma”
That explains a lot.
Or she just saw her chance…
BA explicitly tells passengers on every flight to open the bins carefully, in case items may have shifted.
“Defective bins”? Ridiculous.