Whoops! Air Marshal accidently discharges gun

[StarOfAfrica2]

The flight came INTO Miami FROM Bogota.

According to the eyewitness reports from passengers, and the news this morning, they were BOARDING the plane when this happened.  This man was one of the last to board the plane.

From what I heard today the woman was acting just as hystarical as her husband but saying he's bi-polar and didn't take his meds. It is a shame really.

Not only was she acting hysterical too, she admitted she forced him to get on the airplane, against his protests that he did not want to board a plane and knowing he was not on his meds.  She could have possibly prevented this by approaching someone in the flight crew in advance and letting them know he was being difficult and why.  Instead, because she was embarassed, she kept her mouth shut until it was too late.

[Gh0stFT]

the woman was acting just as hystarical as her husband

aah this explains everthing, thats the usual Terrorist-acting!

[eagl]

Hmm.  If she sues the airline or govt for the shooting, I wonder if they'll sue her back for violating the airline rules about bringing people with medical problems onboard the plane.

My wife almost couldn't board a plane after minor outpatient surgery because she made the mistake of asking a crewmember for assistance with her bag, so I'm fairly sure that the airline will fight back if sued 'cause bringing someone like that onboard without some documentation goes directly against their rules.

[Toad]

There's always more to the story. I doubt we've heard all the ins and outs of this one yet.

As for security screening, did he get screened in Columbia? Then, after clearing customs in Miami was he re-screened after exiting Customs before being allowed back into the domestic terminal area for the flight to Orlando? I don't remember the arrangements at MIA but at ATL you could come right out of customs and reboard a domestic flight without going through security again. This because you remain in a "secure" area the entire time.

[ravells]

Doesn't really matter since he would have passed the security screen anyway as he wasn't carrying anything.

As for suing the airline...that's an interesting question, eagl. The regime for international travel by air is the Warsaw Convention (as amended) in which the airline is automatically liable for any accident which occurs during the course of carriage (I'm abbreviating here for brevity)....question is whether this guy was shot during the course of carriage..most of the case law says that it begins at checkin and you are still 'in the course of carriage' until you have your luggage and leave. Somehow I don't think there will be a court action about this one, but this won't be an 'accident' so automatic liability won't kick in, although if there is a claim you can bet your bottom dollar it will be brought in Texas even if the passenger had nothing to do with the place becase that's where you get the highest damages, the maddest judges and juries and they have something against UK insurers or reinsurance market which are the people who will ultimately pay.

it will be an interesting case if brought...watch this space!

[Toad]

There's a huge legal difference between on the airplane itself and "in the jetway".

If he had been KNOWN to have cleared security in MIA, his "I have a bomb in my backpack" statements (if he said that) might be viewed in a different light. Perhaps not though; I never got briefed on the Air Marshal ROE.

[ravells]

Maybe a huge legal difference if you're talking about criminal and civil liabilties. I was talking about civil liability - I have no idea where an air marshall's jurisdiction to shoot to kill begins and ends although I would have thought it would have to be on the aircraft as on the ground you have civil forces in command.

Ravs

[Toad]

Like I said, I don't know the Air Marshal ROE but I be suprised if they were restricted from acting anywhere on airport property.

[montag]

what a nut