Injured on a Plane

[bbr]

What is the name of your state? MA

My wife was injured while flying on a plane today. A flight attendant accidentally spilled a HOT cup of tea on my wife's chest, arm and leg while she was sleeping. She was taken from the airport in an ambulance to the hospital. She suffered first-degree burn to her chest, leg and arm. Does she have any grounds for a lawsuit?

Thanks

 

[enjay]

Possibly, though it's pathetic that this is what you are worried about the day of the injury.

 

[bbr]

Whats pathetic is that you have the audacity to make a comment like that. For your information, I spent over 5 hrs in the emergency room today and several hours trying to get my wife's luggage back, while doing it with out any cooperation from the airline. So If you can't give any posistive advice then you shouldn't respond to my question.

 

[I AM ALWAYS LIABLE]

My response:

Look at, and read, all the small print on your wife's ticketing papers. On it, you'll read about making claims, and you'll learn about the "Hague Convention".

See a local personal injury attorney if you wish to pursue this matter, and to determine whether such a lawsuit would be worth the effort and the attorney's fees and costs involved.

IAAL

 

[stephenk]

isnt a first degree burn just redness to the skin without blistering or scarring?

 

[I AM ALWAYS LIABLE]

isnt a first degree burn just redness to the skin without blistering or scarring?


====================================

My response:

Stephen, whether or not it's merely "redness", that's not the real point, or the extent of damages. As you know, and regardless of the extent of her physical injuries, the woman is still entitled to "Pain and suffering" which encompasses all the physical discomfort and emotional trauma occasioned by her injury. She is, therefore, entitled to compensatory damages for all physical pain suffered . . . AND also for all resulting "fright, nervousness, grief, anxiety, worry, mortification, shock, humiliation, indignity, embarrassment, apprehension, terror or ordeal." Read BAJI No. 14.13.

She's also entitled to "emotional distress", or "mental distress," "mental suffering" and/or "mental anguish." It includes all highly unpleasant mental reactions, such as fright, nervousness, grief, anxiety, worry, mortification, shock, humiliation and indignity, as well as the physical pain. Read BAJI No. 12.72.

Remember, she's 35,000 feet up, she was asleep, she's living in terror-filled times, she's "trapped in a tube", scared for the rest of the flight, and when something happens in an airplane under such circumstances, the "emotional distress" - - even momentary - - is heightened to far greater levels than that of a similar injury occurring on the ground. In other words, people in airplanes are far more "eggshell" than other people on the ground - - and, as you know, you take the plaintiff as you find her.

So yes, if you were asking, I'd represent this woman, and I'd get her $50,000.00 to $75,000.00, plus her medicals, as the result of these circumstances and facts.

I'd have you so wrapped in trying to defend this case, that you'd be begging to pay off my client - - that is, of course, after you've deposed my expert witness (psychologist) and realizing that her testimony would cause the jury to be "feeling" exactly what our writer's wife was feeling, and eating out of the palm of my hand!

But, should this get to that point, you'd also realize that the jury would award her far more than $75,000.00.

I'll be sending you my client's CCP 998 in the morning.

IAAL

 

[stephenk]

haha, i win again. i valued the case over $100k. So i will pay your 998 demand with glee!