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  • Should They File a Law-Suit

    How do you feel about this??


    Should the passengers of US Airways sue for more money???


    Is $5000 enough???


    .................................................. ..................................






    January 20, 2009, 1:56 pm
    US Airways Crash: Is $5,000 Enough to Compensate Passengers for Luggage, Distress?
    Posted by Matt Phillips
    We’ve been wondering exactly what customer-service protocol US Airways would follow for passengers of flight 1549, whose crew pulled off one of the most remarkable emergency landings in recent memory when the Charlotte-bound Airbus A320 splashed down on the frigid Hudson River last Thursday. All 150 passengers on board survived. (Read more on just how tough that landing was.)

    Over the weekend US Airways sent $5,000 checks to each of the passengers, saying that luggage and other belongings could be stuck with investigators for months, according to a New York Times report. Here’s the important stuff:

    In a letter to passengers, Kerry Hester, an airline executive, said she was “truly sorry.” The airline also reimbursed passengers for their ticket costs, a spokeswoman for the airline said on Monday.

    Barry Leonard, a passenger who suffered a cracked sternum and bruising during the splash landing, received his checks on Monday morning at his home in Charlotte, N.C. — the original destination of Flight 1549.

    Mr. Leonard, a frequent flier on the airline, said that he was grateful for the gesture and that US Airways had “bent over backwards” since Thursday, when shortly after takeoff from LaGuardia Airport, the plane, an Airbus A320, apparently struck a flock of birds and was forced to land on the water.

    In another section of the letter to passengers, which the Terminal reviewed, Hester explains why US Airways might not be able to get cabin baggage back to pax fast:

    Investigatory protocol requires that the aircraft and all of its contents must be examined and weighed prior to releasing any items onboard in order to verify the weight and balance on the aircraft. This is an important part of their work to understand the reason for the emergency water landing. Unfortunately, this includes all of the personal effects that were in the aircraft’s cabin and cargo hold. The process is to weigh all items in their current state, dry them for eight weeks, and then weigh them again. This means we cannot return your items to you until the NTSB re**** and releases them, a process that will likely take several months. It is also possible that some items may be unrecoverable.

    Beyond the $5,000 check, the airline also included a separate check in the letter to reimburse passengers for the cost of their airfare. Now, $5,000 might not seem like a lot for nearly losing your life. But if you take the potential loss of life and limb out of the equation, it is a pretty generous payout for lost luggage. As we recently wrote, the Department of Transportation recently forced airlines to raise the cap on top-dollar payouts for lost luggage from $3,000 to $3,300. From that perspective, US Airways treatment of passengers looks pretty decent. The carrier’s customer service looks even better when compared to this report of Spirit’s initial treatment of two passengers who were on the US Airways flight. According to Consumerist:

    Rob and Jeff Kolodjay were scheduled to fly on Spirit Airlines to a golf vacation with four other friends on Thursday out of LaGuardia in New York City. Their flight got canceled, and they were rebooked on to US Airways flight 1549.

    When they tried to cancel the return tickets on Spirit they could not use because they never made it to Myrtle Beach, the company representative insisted on charging them a cancellation fee.

    Consumerist later updated the post, saying that the carrier decided not to charge the two men in the end.

    Permalink | Trackback URL: The Middle Seat Terminal : US Airways Crash: Is $5,000 Enough to Compensate Passengers for Luggage, Distress?
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    Read more: Consumer Rights, Flight Attendants, Flying, US Air, When Bad Travel Happens to Good People


    Comments
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    I would imagine US Airways will do as much as possible to limit the number of lawsuits it gets from 1549 passengers. I’ve only heard good things about the way they’ve treated those that were on board, so I hope people realize that and don’t automatically sue them for negligence. I mean, it was a flock of birds that [likely] caused the accident anyhow!

    Comment by Cowboy - January 20, 2009 at 2:33 pm
    good job us air, better than other airlines where you would’ve paid for your casket!

    Comment by buystox - January 20, 2009 at 2:39 pm
    I’d take the check, happy I was alive to cash it.
    Any crash you can walk, swim or be plucked out of is a good one.

    Comment by Private Pilot - January 20, 2009 at 2:40 pm
    What lawsuits?

    Comment by Villajohn1 - January 20, 2009 at 2:41 pm
    I’m sure someone will file a frivolous lawsuit, just like the Continental crash in Denver. Passengers filed a suit before anyone even knows what happened.
    Maybe PETA will file a suit against US Airways for hitting the birds!

    Comment by MDWMann - January 20, 2009 at 2:51 pm
    $5000 for all your personal and confidential work related documents on your laptop now being in the hands of investigators forever.. hmm… I’d want a bigger check.

    Comment by foo - January 20, 2009 at 3:55 pm
    If I was on that flight I would send US Air (or the Captain) a check for $5,000 just because I was ALIVE. If a blood thirsty attorney or passenger files a law suit …. they should be drowned.

    Comment by JWABQ - January 20, 2009 at 4:05 pm
    I would like to see it go to court and see a lawyer try to come with something negligent that U. S. Airways did. And I agree with JWABQ

    Comment by toledo - January 20, 2009 at 4:28 pm
    Foo, if your personal and work related documents on your laptop were underwater for three days, $5000 might be more than they were worth.

    Comment by Mike K - January 20, 2009 at 4:31 pm
    Yea, let them sue U.S Airways then when you die, tell it to God! Their lives was spared and they sued them anyways! WOW! I would be thankful I had my life and owe my life to an extrodinary Pilot who was doing his job plus more! WHO needs money when one has his/her life???????????

    Comment by Anonymous - January 20, 2009 at 5:35 pm
    If they save my life, who cares about clothing and personal belongings?

    Comment by Liz - January 20, 2009 at 6:09 pm
    US Airways is turning into a model Airline. Look at their on time arrivals. Service is much better. Now they proved that they have some of the most experienced and capable crew members in the country. Very proud of the US Company!

    Comment by Anonymous - January 20, 2009 at 6:24 pm
    Provided an individual has no injuries which should be the responsibility of U.S. Airways ; the compensation of $5000 is more than adequate for the inconvienence. The pilot did his job which is commendable. Be thankful you have been spared!!

    Comment by JB - January 20, 2009 at 10:23 pm
    Here is how I see this. US Airways has preemptively sent a compensation gesture of $5000. Plus, if this exceeds the Warsaw convention/DOT payout amounts, it is a good start to at least let the pax immediately cover their losses to a good extent.This is much better than the airline waiting for pax to sue, then go through long legal proceedings, all the while the pax are waiting without a dime guaranteed. The whole issue that people are saying about “if my save life”..blah blah, they have to realize that air travel is an “insured business service” and there are mandated minimums to be paid out in case of loss of life/limb.

    Comment by NariS - January 20, 2009 at 10:24 pm
    for comment above, I should have said “montreal convention” which is the latest version of the original 1929 luggage pact signed in Warsaw, Poland.

    Comment by NariS - January 20, 2009 at 10:32 pm
    Distress??? Since when do companies have to compensate people for distress? Since when is life such an un-distressful experience?

    Geezuz you morons, life is a distressful experience. We are so spoiled in America it’s ridiculous. I was in Nassau last week and almost got ran over every time I crossed the road. We also almost ran over 15 people who just walk in front of you while you’re driving. Who’s gonna pay me for my distress at almost running someone over?

    The passengers should send checks to the crew for preventing even more distress.

    Stupid article and stupid author.

    Comment by Anonymous - January 20, 2009 at 11:59 pm
    No way bucco, $5000 can’t cover my $1500 laptop, my 3 Gucci suits, and my $2500 set of Pro golf clubs. Not to mention my original Picasso print I was smuggling out of NY. It was priceless…

    Comment by Picasso - January 21, 2009 at 11:45 am
    US Airways can afford the $5000 per pax…seeing as they stole the pilots pensions over the last few years.

    Comment by Jon - January 21, 2009 at 2:23 pm
    Let’s see-$5000 PLUS what the passengers will claim on their homeowners or renters insurance. Sounds like a fair deal.

    Comment by Richard - January 21, 2009 at 3:35 pm
    Go ahead with the lawsuits. I hear the flock of Canadian Geese have the best defense lawyer in all of Canada.

    Comment by PETA - January 21, 2009 at 4:37 pm
    I was on the flight and read all these comments, here’s what i think… Glad to be ALIVE of course! Not the type to throw a brace around my neck and wait for a handout. However I’m hearing the possibility that the same plane had problems 2 days prior, and if that’s the case there might be some negligence. Its easy to comment and say things like life is stressful but how many people do you know that survived a plane crash? With that said, it was SCARY to say the least, because when the planes going down and “your pretty sure your DEAD” its great to not be dead but living through that experience is not fun. If there was negligence everyone deserves a payout depending on what the long term affects on them are, like someone else here said there is insurance for these things.

    Comment by passenger of 1549 - January 21, 2009 at 5:21 pm
    It is very easy to comment when one is outside the context of something as traumatizing as surviving a commercial airline accident. For many survivors, symptoms of post-traumatic stress disorder begin to set in and can significantly alter the course of one’s life. While a $5000 payout may appear generous on the surface, the months of therapy for some to recover from symptoms of PTSD will quickly eat up $5,000. In some accidents, it has taken years, not months, for surviving crewmembers to return to work. Like everything else in life, it is not a case that is black and white. People cope with trauma in different ways.

    Comment by Viewpoint - January 21, 2009 at 9:10 pm
    You all are just stupid people.

    Comment by Anonymous - January 21, 2009 at 10:21 pm
    In regards to the possibility that people have so called heard loud claps of some sort on the same a/c two days prior, judging on how people that are not familiar with aviation and commercial a/c they probably thought that the thump you hear when the landing gear is retracted back up into the a/c was something to over react about and mention just to get something started that the same a/c had previous problems so they can get something out of the whole negligence claim

    Comment by M. - January 21, 2009 at 10:58 pm
    Nancy Grace is an idiot too, how are pilots supposed to predict where a bird or flock of birds for that matter are going to fly!!!!

    Comment by M. - January 21, 2009 at 11:00 pm
    stupid is as stupid does and what you (anonymous) just did by posting something so stupid just included yourself in your comment

    Comment by Anonymous - January 21, 2009 at 11:01 pm
    First off I give the HIGHEST praise to the Pilots and Crew of the flight! Second, yes airlines are insured against accidents and loss of life, loss of property, and injuries, but they are NOT insured against lawsuits from people wanting to take advantage of a situation and sue the airline because they don’t want to work for the rest of their lives. The airline would give compensation for any injuries, counseling needed etc. which IS be enough. NOT MILLIONS OF DOLLARS which is just greed!!! And finally, Yes the aircraft had a previous discrepancy which was called a compressor stall. They happen ALL the time!!!!! It’s like a car backfiring, it is a NON-ISSUE which is why the previous flight continued onto it’s destination. The NTSB has already looked into it and determined that the issue had ABSOLUTELY NOTHING to do with this forced landing! Therefore any lawsuits that occur due to the crew saving those passengers lives are due to pure GREED and SELFISHNESS. It would bee like a bus company being sued because another car ran into the bus. In both situations it could NOT have been avoided and therefore greed and selfishness are the motives. There I am done ranting and raving, and again give my highest praise to the Pilots and the Crew and wish the passengers the very best in their CONTINUED lives!

    Comment by Airline Pilot - January 22, 2009 at 4:16 am
    Sorry for the above misspellings and grammar errors, I just got done with a flight a little while ago and I’m a little tired. Thank you for the understanding

    Comment by Airline Pilot - January 22, 2009 at 4:21 am
    Sorry for the above misspellings and grammar errors, I just got done with a flight a little while ago and I’m a little tired. Thank you for the understanding

    Comment by Airline Pilot Again - January 22, 2009 at 4:22 am
    All the passengers should take their $5,000 check and have it divided among the CREW as a GIFT for their lives being saved by a very competent CREW.
    THE WORLD IS IN SUCH A MESS BECAUSE OF GREED!

    Comment by MOM & NANA - January 22, 2009 at 6:25 am
    I have the best lawyer in the land, so bring it on.
    By the way my wife Gracie, RIP.

    Comment by Gary the Goose - January 22, 2009 at 9:37 am
    Always interesting to hear what people think after what could have been much more disastrous. Anyway that took excessively high valued belongings (suit, briefcase, laptop, etc) should know tha

    Comment by Mike - January 22, 2009 at 5:57 pm
    (cont’d) t additional insurance covergae is an option. Overall, if you choose to take very expensive personal effects, that is your responsibility. No one forced you take any of that. Be glad that you’re alive!

    Comment by Mike - January 22, 2009 at 6:00 pm
    Kudos to US AIR for at least doing SOMETHING. Many other airlines would have “waited” for the lawsuits to be filed.

    Greed will set in tho..the average American “victimhood” syndrome will rear up.

    Americans are becoming sickening with the direction of this culture. As an accident beyond the control of the company, people should be GRATEFUL that they are alive to accept the check.

    Comment by US1 - January 23, 2009 at 5:07 pm
    All u ppl r full of shit & jealous if some of those ppl can get compensation for their grief all the power to them and what about the ppl that really will have PTSD if they dont get if from the airline they could pursue through SSI or whatever none of u ppl im sure never corrected a mistake from a credit card co. or utility co. etc.the airlines have been screwn us for yrs anyway fuck em again its pisses me off that i know some of u posting are hypocrits and with a lawyer telln u u could benefit youd do it in a sec but KUDOS 2 the flight crew and flight attns. they are def. real heroes and good luck 2 the passengers involved GOD BLESS!

    Comment by cameron - January 23, 2009 at 8:45 pm
    It really makes me sick how sue happy people are. I mean it wasn’t the airlines fault that birds hit the engines, it was an act of God, and not losing my life because of the amazing pilot would make my life even better, plus the $5,000.00 check. I could imagine lawsuits if the Airline didn’t cover any medical bills incurred because of the crash, but since the airlike paid out $5,000 to each passenger, it was more than generous. If I was on that plane and wrecked, still being alive would be enough for me!

    Comment by Thomas - January 24, 2009 at 9:19 pm
    Do you morons work for US Airways or something?This is getting rediculous, no one knows exactly what happened quite yet because the report has not come out yet. You sheep are just like the media stating the bird strikes like they are facts and critisizing plane crash victims for the possibility of wanting compensations for surviving a PLANE CRASH!!!! Baaaaaaaaaaaah stop watching fox news and voting for McCain!!! Your time is over you sheep! Plane crashes don’t usually have survivors and if you feel so bad for US Airways go work for them. Let me share somthing about airlines. You ever need to book a flight last minute? Or in an emergency such as a death in the family or accident? See how bad they feel when it’s time to book that flight. They take advantage of people every single day!!!! Wake up sheep, stop defending the little poor multi billion dollar big business!!

    Comment by passenger of 1549 - January 25, 2009 at 9:21 am
    Some passengers have some valid reasons for not feeling that the $5000 was sufficient to cover their losses and the trauma: Has US Airways Adequately Compensated Crash Landing Passengers?

    Comment by Cynthia - January 27, 2009 at 10:45 pm
    To the comment by passenger of 1549, if you were really a passenger you would not be saying those things at this point after the accident. As a matter of fact it IS known what happened! Want proof, here is the link to the preliminary findings of the NTSB.

    DCA09MA026

    And the NTSB does NOT put anything in a preliminary unless proof has been found as such! Like I don’t know maybe…FEATHERS AND BIRD GUTS IN THE ENGINES! Next point is the airlines are NOT Billion dollar businesses! If you do some research you would find that all airlines (including Southwest) are LUCKY if they make a couple million dollars in profit each quarter. And that is barely enough to pay the bills and their employees.
    They don’t take advantage of people everyday. They are businesses just like every other business and are trying to make money which is really hard when butt nuggets like you are suing them for money they don’t have. Now if you really are a passenger from that flight, I HAD sympathy for you and am grateful that you survived the accident but after you opened your trap it’s made me laugh like never before about the fact that if you do try and sue, that due to the compensation act which we pilots learn in aviation law, due to the fact that you WERE compensated, the judge will look at the suit, look at you, take off his glasses, laugh hysterically, say case dismissed and slam his gavel in your face! As you said in your ingnorant comment you (if you really are who you say you are) SURVIVED a PLANE CRASH because of the great pilots and crew. And you are right about one thing, most crashes don’t have survivors, but YOU DID! So quit trying to be a lazy butt and do like the rest of us and EARN your living rather than trying to get money that you don’t even deserve. And by the way no I don’t work for US AIR and yes I did vote for OBAMA! So go live the American dream by EARNING IT!!!!!!!!!!!!!!!!!!!

    Comment by Airline Pilot - January 29, 2009 at 3:30 am
    Last edited by Spark; 01-29-2009, 12:30 PM.

  • #2
    Barry Leonard, a passenger who suffered a cracked sternum and bruising during the splash landing, received his checks on Monday morning at his home in Charlotte, N.C. — the original destination of Flight 1549.

    For this guy $5k is not enough. Sure his medical insurance if he has any will cover most of his medical expenses, but not all of it.

    And the only reason they have sent out $5k checks is, because they know lawyers are on the prowl which will cost the airlines way more than $750k.

    Also do any of the passengers have post traumatic stress disorder from this? If so then hell no on the $5k.

    There was a plane incident where I live and a woman got $7.5 million awarded to her for PTSD. I think the plane cracked open though and some people suffered bad burns.

    Comment


    • #3
      So it is US Airways fault that a flock of birds got caught in the engine???


      No it is not but it US Airways fault and it's crew that they got out alive ... all of them got out alive ... Think of that

      Comment


      • #4
        Originally posted by Spark View Post
        So it is US Airways fault that a flock of birds got caught in the engine???


        No it is not but it US Airways fault and it's crew that they got out alive ... all of them got out alive ... Think of that


        i agree 100%
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        Comment


        • #5
          Originally posted by Spark View Post
          So it is US Airways fault that a flock of birds got caught in the engine???


          No it is not but it US Airways fault and it's crew that they got out alive ... all of them got out alive ... Think of that
          Everyone gets $5k clear except the guy who has medical bills. Is that fair? I'm saying they should cover whatever his insurance doesn't cover.

          I doubt anyone has PTSD from this, but if they do look it up. It's really bad. This is a very odd situation, because of those birds. If it wasn't for the birds and it was a plane malfunction then you can bet their would be 150+ lawsuits.

          Comment

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