Ya know, I ain't a suing type usually, but my wife got injured today...

[The Straight Story]

As most of you know my wife has parkinson's and has been laid up this last month. Depression setting in from days in bed, etc, so I sent her packing to California to spend time with her family this holiday season. She was quite happy to be able to go and see old friends and family, and get away from the gray winter blahs of Ohio. And they will take good care of her there.

So this morning I dropped her and my daughter off at the airport. She makes it to Chicago and calls me.

As she was walking down the tarmac to the plane she slipped in some water there (no signs). She has issues at times with walking, but not very much. Anyway, she went flying and cut open her head and bruised her leg before boarding.

She gets to Chicago and tells the American Airlines guy at the counter what happened, and he just shrugged.

Now I know what damage a slip like that can do, it messed up my neck and back, though I did not know it at the time it occurred.

She is on a plane to LAX as I type this, and I am worried about her. Why didn't they offer her any medical care? A fellow passenger helped her onto the plane after she fell. AA did jack shit.

She didn't want to hang around in Chicago for xrays and such, would have missed her flight and been all alone in a big city with a little kid and not fully able to care for herself if she gets an episode (with parkinson's, she is ok one minute and not the next at times).

I know accidents happen, but the freaking attitude of the people at AA pisses me off. HELLO! A sick woman traveling with a five year old just got injured and all you can do is shrug???



Sorry, just had to rant.

[texpatriot2004]

1. Oh no Straight, I am so sorry to hear that. nm

[Lars39]

2. Have you been on the phone to AA yet?

Raise a stink. She should be looked after *on that flight*. They've got the communication skills to see to this.
You don't mess around with head injuries. Hope she's OK.

[The Straight Story]

7. Just dipping into the Captain Morgan and getting ready to call them a**holes

Not sure what I am going to say, but it won't be pretty.

[Lars39]

10. She needs to be checked on more than you need the satisfaction

of chewing someone out. Priorities, priorities. :hug:

[aquart]

19. Has that ever worked for you?

It won't this time, either.

[Auggie]

3. You can always threaten -- that'll rattle their cage

[Gormy Cuss]

4. Call AA corporate and complain.

The worst that will happen is that they'll ignore you too, but chances are good that you'll find someone with a pulse, a brain, and a heart.

[ChairmanAgnostic]

no. you will talk to a clerk recording you, and they

make 27.000 a year to gather information and then say no.

NOT WHAT YOU WANT TO DO.
Don't call. write. And demand that they keep all surveillance tapes safe and secure.

If they don't, there is an additional ground for relief called negligent spoliation of evidence. If the tape would show how long the condition existed, and they did nothing, you have a case of negligence. If they had actual knowledge (complaints, calls, warnings, and people walking around the puddle on video) you might have punitive damages. If they "lose" the tape, you have a cause of action based on negligent spoliation

You NEVER call the company. NEVER. Ever, never, never ever.
And you never give a statement on the phone. Never. EVER. NEVER!

[Gormy Cuss]

29. That's good advice for someone who intends to sue

I understand your adversarial perspective is necessary if the OP really wants to sue but it sounds like he's mostly just angry that his wife got a shrug as the only customer service response. The time, money, and effort needed to sue a major corporation is something that most average Joes want to avoid over a minor incident, which I hope is the case here.

As for dealing with the low level clerk, I've had good luck moving up the food chain at major corps. It requires persistence,a professional manner, and some luck.

[bluerum]

5. That sucks. I would be taking names and addresses. nt

[Bigmack]

6. No justice...

Making a long story very short. My wife was injured - clearly the county was at fault - and we sued. All we wanted was enough to pay bills and some to help with future expenses.

They hired an outside litigator and started hiring expert witnesses. We had to respond with our own witnesses. We ran out of money before the county did.

We settled for enough to pay the witnesses we had already deposed and considered ourselves lucky.

Our lawyer got pennies for a helluva lot of work on what should have been a dead-bang settlement case.

No justice.

[The Straight Story]

9. I got a top notch attorney if I need him

Has helped me in the past, my X and I sued JCPenney's and they settled out of court (they knew they were so wrong it was not funny, not a lot of money, but it took care of the issues) A call may be in order to him tomorrow.

[ChairmanAgnostic]

20. actually, suing the state, (or county)

is extremely tough. Most states protect the municipal bodies with certain amounts of immunity, not found in the normal world. I suspect that imunity was the problem in your case.
That is an extremely high standard. VERY TOUGH to beat. You are lucky to get costs back, which means you had a damned good lawyer.

(We are not all money sucking shits - some of us actually work to help others. looks like you found one of those)

[Bigmack]

34. No immunity in this case...

.. the county petitioned the court for summary judgement showing they had immunity and no fault. Judge said they did. Then they shifted into high gear.

I've never had a problem with lawyers. I taught for 30 years at the high school level, and when my kids got in legal hassles, I always told them to "shut up and get a lawyer". "Don't admit anything - even to the principal - until you talk to a lawyer."

I saw kids screwed to the wall who didn't follow my advice.

My lawyer was damned good. I recommend him highly to anybody who'll listen.

[stillcool]

8. I hope a lawyer happens upon this thread...

and gives you excellent timely advice about what and how to document everything that has happened so far.

[ChairmanAgnostic]

13. ahem.

[Nite Owl]

11. So sorry Straight

I hope she is ok now. Did she get the names of anyone involved? Witnesses? They could just deny the whole thing and it could be a she said/he said without a report or a witness. Talk to a lawyer,it isn't right. These are the first people to talk about 'personal responsibility' but they are last to own up when it is them.

[ChairmanAgnostic]

12. DO NOT CALL AA. They record all phone calls to your detriment.

Deal with them only in writing. Better yet, get a lawyer in Chicago (hey, I - never mind)

[The Straight Story]

14. Already on the phone with their sorry butts (nt)

[aquart]

15. Injury in interstate travel.

Call your Congressman's office and find out what rules govern airport injuries. Do we need a rules change? Is there anything in the Disabilities act? It's possible that people like your wife need to be identified as soon as they reach the airport so that extra precautions can be observed.

Did you take out travel insurance?

If you can't get any satisfaction for your wife, what are the steps that need to be taken to prevent it happening to anyone else?

[JeremyWestenn]

16. I gotta mention and ask a few things.

First off, the employee's at the airport more then likely did not spill the water themselves. They are responsible for it, but it should be noted. Second, did your wife tell them she had Parkinsons and needed more assistance? If she looks hunky dory and mentions that she slipped, but gives the allusion that she is allright, you can't expect much more then their making sure the mess is cleaned up. Although that doesn't appear to be what they have done, cleaing up the mess that is, I suppose it's really irrelevant.

And I think to sue you actually have to have medical damages. Which, if she does then go for it. I hope you got the names down of witnessed and the like, else it will be an uphill battle. Even more so if it was not documented at the time it happened in anyway.

- Jeremy Westenn

[Karenca]

22. Unfortunately if she didn't get a witness name

that goes against her.

Also, like you said, she should have gone immediately for medical help---this goes against her case as well.

Water dries up, so there's no proof there.

As a rule, a disabled passenger is supposed to let the airline know their condition
when purchasing their tickets.

[The Straight Story]

24. Thanks for the tips

I don't really like to or want to sue anyone, I am just pissed off at their response. I did contact AA about this and posted down stream about the call.

[Karenca]

26. I hope her injuries

heal fast.

You sound so upset---I understand :hug:

[Jon8503]

17. You need to follow-up with this. You said she cut her head. You at

least are going to want to make sure she doesn't have any serious head injury. If she slipped on the tarmac, is it owned by the airport or the airlines. Regardless, the responsible party would have Medical Payments which would take care of any medical bills. It is basically a "no fault" coverage. You should not have to pay for any of the ER treatment or any of the medical related to this fall.

You need to contact the responsible party and work something out. They won't come to you probably.

[Rockstone]

18. usual response from people with no authority

that what the shrug was, a counter person is not necessarily anything more than a stuffed outfit. They don't know nuthing' they just work there...

get one of those ambulance chasers who will not charge you anything unless you win. should be easy to determine if there is a case.

[The Wielding Truth]

21. Send your letter or call with your problem. Good luck.

Please consider the following information as guidance. Should you require special assistance, please contact your travel agent or speak to an American Airlines Reservations Representative directly at 1-800-433-7300

http://www.aa.com/content/travelInformation/specialAssistance/customersWithDisabilities.jhtml?anchorEvent=false

[The Straight Story]

23. I called AA - their response

Apologized first off, then told me to tell her to talk to a supervisor in LA and fill out a report. She said they don't really have procedures for this sort of thing.

[Karenca]

25. I'de get off the phone with the airline if I were you.

Just call your lawyer----

You should NEVER call the party you're thinking of suing!

[The Straight Story]

27. Well if they DO something I wouldn't sue em

I ain't asking for free flights or money, just to do what most places would do and take a report, offer aid, something. If they do something now I am ok with it. The least they could have done was look at her.

I called, we will follow their instructions (which they record), and see what happens from there.

Good advice though.

[soothsayer]

37. Call their PR department. You'll get faster service cuz they don't

want this to become a public relations nightmare. Good luck!

[MadHound]

28. I know this is a pain, but when she gets to CA, have her visit a doctor immediatley

Thus you folks will have documentation of the damage. Also, any statements from witnesses. Gather this together and go talk to a lawyer, most companies like AA will settle out of court on slip n fall cases rather than go to court.

Sorry for this happening to your wife, and here's hoping that there is no major damage done.

[The Straight Story]

30. UPDATE:

My wife has landed and filled out an incident report with American Airlines. She will get me more info later but was heading into the mountains on the way to Bakersfield and was losing signal. They did apologize for failing to assist her though. That is a start!

[Gormy Cuss]

31. A good start.

I hope she enjoys her time in CA.

[BlooInBloo]

32. Suing for ME not for THEE!

[Cleita]

33. Law suits do perform a useful purpose even though sometimes

they are abused and one of the purposes is to shake up the attitude of the people like at AA. If they didn't stand a chance of being sued, they would really have attitude then. Do what you think is right.

[treestar]

35. If they were negligent, they were negligent

There is nothing wrong with suing them then, that's what lawsuits are for. Recovery of damages caused by another's negligence. Premises liability is at a high standard for businesses that make money off the public and at an airport it is especially forseeable that many people are hurrying through.

Though you have proof issues. Were there any witnesses?

Then you have to prove the injuries. Most states have laws that you take the plaintiff as you find her - whatever damage the fall caused, so that would have nothing to do with the Parkinson's (unless honest medical opinion was that it was somehow aggravated) but whatever back and head injuries there were if liability is proven she is entitled to compensation for.

Yes I am a lawyer. But find one in your state and see what they think.

[praeclarus]

36. Do you want to sue because of the water on the ground or...

... the treatment, or lack of same, following the slip?

[spuddonna]

38. I hope she gets to family soon so she can rest and heal...

:( What an awful feeling, to be so far away and unable to help, and these idiots who were there don't lift a finger!

No empathy... Those kind of people seriously scare me. It isn't even an issue of 'procedures' being followed - how about regular human decency?! Someone is injured, you help them!