Two women are suing United Airlines for $84,894.41, claiming a rough landing on their United Airlines flight caused mental and physical pain.
The fight in question was UA1587, a redeye from Portland to Chicago on May 23, 2015. The suit alleges the aircraft made an unexpectedly hard landing into O’Hare at 6:35a. The landing hurled the ladies into the seatbacks in front of them and caused–
Permanent injury to the muscles, tendons, ligaments and nerves of her back causing radicular pain and numbness together with headaches and, in particular, a cervical and lumbosacral sprain/strain.
Lawyers add United Airlines was negligent in several areas including:
Failing to approach the runway at an appropriate speed and altitude; In failing to avoid a sudden hard landing; In failing to warn passengers… that a hard landing was possible or imminent; and in failing to give appropriate and timely instructions to passengers to brace for the hard landing.
Why Do Hard Landings Occur?
Rough landings can occur for several reasons, but there are two common reasons: pilot error or crosswinds. This article is helpful in explaining that.
Does the Lawsuit Have Merit?
If I had $85K for every rough landing I endured, I could buy a much larger house and retire. I have encountered several incredibly harsh landings over the years. It just happens when you fly.
I will say this: if I had a rough landing that caused permanent injuries, I would sue too. But why have no other passengers come forward? And how can the pain described in the lawsuit above, two years after the fact, be linked to one allegedly rough landing? Will there be a paper trail? Did these ladies come under the care of a specialist directly after the rough landing? Could there be other reasons for the pain they blame on United Airlines?
On its face, I find this lawsuit frivolous. I also believe that United will find it cheaper to settle than litigate.
We live in the land of the lawsuits. Just another day in paradise…
(H/T Flyertalk, image courtesy of PDX Aviation – HD(ish) Plane Spotting)
If Dr. Dao can, I also can. Reason? Who needs reason when you got social media/publicity? As simple as that.
Hopefully the airline’s lawyer can spin the suit in favor of the airline….
Yes the amount to sue for is carefully crafted to be low enough that United may well just settle and the timing of course is ideal because the last thing United wants is more bad publicity. Hopefully United doesn’t settle as that will invite more of these lowlife suits.
Sure it may be cheaper to settle than litigate, but settling each case that’s cheaper than litigating raises your total costs because it encourages others to file similar suits.
I cannot imagine they’ll settle right away. They’ll happily burn 50k initially on this. If the plaintiff survives summary judgment they may become more open to a settlement.
What we don’t know here though is what the plaintiff’s legal costs are. If there are attorneys willing to take this all the way through the process on contingency? United doesn’t know either, but they’re unlikely to cave until they find out.
I have been in my share of rough landings. To this layman I believe most rough landings are related to excess speed that is necesary and prudent under some windy and shifting conditions. This is based on speaking with a fellow passenger (off duty 747 pilot).
If these passengers were properly seated I doubt there were injuries. I do note that the described injuries are very hard to prove to be present, let alone prove cause. Much back pain, while possibly following trauma is really caused by weak muscles and poor posture. Your ab and back muscles should work together to avoid strains and back injuries.
“An eye for an eye”!!! Airlines are treating passengers like garbage so now passengers are fighting back. You just wrote a post about them threatening you because you took pictures. Well, now passengers are suing them for rough landing.
Great idea! Hopefully, with enough of these frivolous lawsuits, the price can be driven up enough to keep the lowlifes off the planes!
I fly a lot (over 200k miles last year). On the surface this sounds like Dr. Dao piling on. Matthew, please post the outcome.
Vancouver, WASHINGTON.