Aces High Bulletin Board
General Forums => The O' Club => Topic started by: Reschke on December 20, 2001, 10:54:00 PM
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Widow files wrongful death suit against United Airlines. (http://www.msnbc.com/news/675826.asp?pne=msn)
This crap is going to get out of hand and make this a truly saddened state of affairs.
:mad:
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First off, to file a lawsuit, victim's families must give up their right to the government's settlement package. One or the other.
Secondly, (a little legal stuff here): To win a negligence cause the plaintif must prove that the defendant owed a duty to the victim/plaintif to conform to a specific standard of conduct for the protection of the plaintiff against an unreasonable risk of injury, that duty was breached, the breach was the actual and proximate cause of the injury and there were damages resulting from the injury.
To win a case against UA (mind you I do criminal law, so don't take this as gospel), a victim's family would have to prove that UA was somehow negligent. UA owes each one of its passengers a duty to operate with a reasonable standard of care. Did UA's actions fall below that standard which resulted in the deaths? UA will say that they operated to the industry and FAA standards, so the answer is no. This reasoning is extremely powerful, but not bullet-proof (just because "we and everyone else has always done it this way" doesn't always mean they should do it that way. whatever "it" is. think dumping waste into drinking water)
That's a real basic way to look at it. Of course there's lots of other factors, but that is the basic question of law in a wrongfull death action. Torts is a semester-long class and just begins to touch on all the issues a case like this would involve.
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Originally posted by Reschke:
Widow files wrongful death suit against United Airlines. (http://www.msnbc.com/news/675826.asp?pne=msn)
This crap is going to get out of hand and make this a truly saddened state of affairs.
:mad:
I hope she wins and wins big, and I hope the CEO of UA is the first one on the chopping block.
Tumor
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After the lawyers finish picking the carcus of the airline industry, I hope you are prepared to do your traveling via AmTrack!!
[ 12-23-2001: Message edited by: 1776 ]
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Those lawsuits does only bad for the air indrustry, which has already suffered.
You could say she is turning the dagger in the guts of airline company.
More suitable target for a lawsuit would be terrorist organizations... though, bit impossible one and those worth sueing might be found in pieces at afganistan after few weeks.
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Ah, the government has frozen the assests of suspected terrorist organisations, or those supporting said organisations.
Use the money to support the victim of terrorist attacks.
That way, terrorist organisations can be sued, and their money not only frozen, but taken away from 'um permanently, to do some good to people who've been through (and are in) a rough time.
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After the lawyers finish picking the carcus of the airline industry, I hope you are prepared to do your traveling via AmTrack!!
hmmm....well, AmTrack is well on it's way to bankruptcy, so I guess it'll be back to driving or walking soon....
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Just what we need Tumor, another United CEO sitting at home fired with millions and millions of dollars laughing.
And your point would be?
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I hope that not only does that woman lose the suit, but United is successful in recovering legal costs from her. Her lawsuit is in effect no different than her suing Ford if her husband was killed by a drunk driver in a Ford.
Shame on her. Of course, the only ones that will benefit are the lawyers, so shame on them too.