Airline Blames 9-Year-Old Girl For Being Secretly Recorded In Bathroom

[Bigguy]

Airline Blames 9-Year-Old Girl For Being Secretly Recorded In Bathroom.

From the article:
"New filings from the airline show the company’s lawyers recently arguing the 9-year-old, who is not identified, allegedly knew or should have known the “compromised lavatory” contained “a visible and illuminated recording device,” according to the Boston Herald.

“Defendant would show that any injuries or illnesses alleged to have been sustained by Plaintiff, Mary Doe, were proximately caused by Plaintiff’s own fault and negligence,” the filing stated."

From this day forward I'll walk 1,000 miles before I take an American Airlines flight. Lawyers have bad reputations but holy $#!t, I can't imagine the amount of sleaze required to blame a 9-YEAR-OLD girl for being recorded.

[vcdgrips]

AA already walking it back.



This is what happens when litigation is being conducted by folks who bill at 500+ an hour but have never picked a jury, tried a case and hung on the the verdict after arguing for it at a court of appeals. While contributory negligence is a “standard” defense, one size does not fit all, particularly when the victim is a child or otherwise considered vulnerable. Particularly against the backdrop of a criminally responsible “repeat” offender so to speak.

Headline below:

American Airlines walks back claim that 9-year-old passenger ‘should have known’ she was being recorded in bathroom
"We do not believe this child is at fault," the airline said in a statement released on Wednesday.


https://www.boston.com/news/crime/20...rding%20device.

[gringop]

I am not a lawyer but why are the family suing AA in this matter? Unless the company knew that the creep FA was doing this and did not take action, I don't see how AA had responsibility.

Gringop

[feudist]

LOL.
Someone will probably be volunteered for seppuku over that.

[Stephanie B]

LOL.
Someone will probably be volunteered for seppuku over that.

Likely the lawyer who filed the papers.

[RevolverRob]

I am not a lawyer but why are the family suing AA in this matter? Unless the company knew that the creep FA was doing this and did not take action, I don't see how AA had responsibility.

Gringop

I dunno man...I kind of have this thing where - since I don't get to not follow flight crew instructions per federal law, that the airline responsible for the hiring, training, and employment of the flight crew might be reasonably held liable for a situation that occurred during a flight (when you definitively have no opportunity/ability to decline to follow flight crew instructions). Sort of in the same vein that one could hold a department responsible for the actions of an individual police officer when someone is held in custody.

But regardless, going back to your point - the victims and their families have a right to determine if AA had knowledge or not. And since most companies won't just tell you that since they could be held liable you often have to sue them to find that out.

Of course, AA can choose to litigate the process. And maybe they will, they have the financial means to defend and probably win the case in legal court. But since they already fumbled the PR side of the equation so poorly and have lost in the court of public opinion...one might be inclined to assume that they will choose to settle this matter out-of-court for an undisclosed sum of financial recompense to the families and victims.

[Bigguy]

LOL.
Someone will probably be volunteered for seppuku over that.

Likely Boeing can point them in the right direction.

[vcdgrips]

gringopop

Because ---A) the family is looking to get paid, B) AA has deep pockets, C) the child may in fact have suffered injury with lasting implications and/or D) all of the above


NOTE- I have not practiced civilly in 27 + years and would gladly defer to an experienced civil practitioner

The airlines have a duty when you buy the ticket to provide you a safe environment. That include a safe and private environment in the bathroom.

I suspect, but do not know, that there are policies/laws/regulations/customs/procedures that regulate checking the bathroom for all manner of dangerous items, to include cameras.

Clearly the AA employee is a repeat offender on this issue.

From my out of my lane POV, the only real question is whether this case can be settled for x00, 000 or x, 000,000. Blaming the 9y/o child drives it toward 7 figures for sure. Pure and avoidable stupidity to assert the contributory negligence of a 9y/o in this case.

Where this could get really costly is, figuring out, thru the discovery process associated with civil lawsuits, when, if ever, did AA know this was an issue, generally and/or as it relates to this FA. IF AA knew or should have known they had a problem-punitive damages could come into play.

If somebody was paying me 500+ an hour to advise AA on this case:

1. I would do deep open source dives re the plaintiffs

2. I would start running numbers re the present day costs of making this child "whole"

3. I would find out what AA knew when about this issue generally and specifically

4. Assuming no red flags re the plaintiffs, I would be looking to settle sooner v later for mid 6 figures, no admission of fault and an ironclad non disclosure.

5. I want to get this done before the flight attendant admits to it to in a beyond a reasonable doubt standard change of plea in federal criminal court.

As a plaintiffs atty:

A. I want to know what AA knew when

B. I want the child in treatment

C. If the family can afford to wait, figuring out A, particularly if AA knew or should have known re this issue has a huge impact on the amt of recovery AND my fee because I am in for 30-50% plus expenses.

[Stephanie B]

I knew of one case where a screwup by the defense counsel, or, more exactly, their expert witness, cost well into seven figures for a claim that was maybe worth fifty grand.

Which is a way of saying that this screwup is going to cost AA's insurer and insurance counsel a lot of money. I doubt if AA, itself, will pay out a dime.

[Duces Tecum]

AA already walking it back.

Too late.


Duces.