Okay, I think we can agree two separate things were being discussed at first and now we’re all clear the 5K is for loss of baggage.
The point I was making about engines and the earlier incident related to releasing the airline from additional liability. Yes, they were a series of compressor stalls. The CNN article added that the number and severity of compressor stalls can cause damage to the engine.
It has been speculated the plane impacted one or more Canada geese. Darn straight that’s an act of God that could take even a healthy engine out especially if the carcasses are frozen and there’s nothing the airline could have done to prevent it. However, an engine is still sitting on the bottom of the Potomac, right? We don’t know what or how many it hit, right? Until the NTSB determines that it was a couple of big ganders coming through and it wasn’t something much smaller an engine should have survived had it not suffered previous damage from a compressor stall that had not been fixed, there’s no way I’d release the airline from the possibility of further claims.
I think they’re probably a fine airline and all the evidence will bear out the fact they’d shown no negligence whatsoever. Lord knows they recognize a fine pilot when they see one. But for this or any other potentially devastating incident I think it’s only prudent to weigh all the evidence before you relenquish your legal rights.
That plane was insured by AIG, our favorite recently nationalized insurance conglomerate. So you have been financially punished by the incident, but the airline probably hasn’t been much.
Im going by the premise in the OP that there was a previously known problem with the plane. So half a million bucks for an accident caused by the quality of the plane, sounds fair to me. The fact the amazing pilot saved tons of lives doesn’t cancel the fact that the airline put hundreds of lives at risk by using faulty equipment, damn right they should be out a few dozen million. Thats of course IF there really was a previously known problem with the plane.
I would want them to be punished and forced to adopt the proper safety standards, but I wouldn’t feel that I was personally due a huge cash payout. I’d be satisfied with the $5,000.
Actually, if they find there were known problems with the plane that contributed to the accident, i’d be quite happy to have US Airways cough up more than $75 million. If a company deliberately places people’s lives in danger, it should be punished. I’d also favor criminal prosecution for the individuls who made the decision.
But, like Sublight, i would prefer that the penalty to the company come in the form of a fine, to be paid to the government or to a trust or charity or something, rather than a jackpot payout to 150 passengers who escaped with very few injuries. Yes, those passengers should be compensated for any medical expenses they incur, and if some of them end up with psychological problems from the trauma of the incident, then that would probably warrant some further financial redress. But simply handing out half a million to everyone, regardless of the effect of the crash, or the passengers’ individual needs, is a pointless exercise.
More generally, to the extent that i think our tort system requires reform, i think what we need is a system that can punish companies significantly for negligence or malice without turning it into a lottery system for victims. That’s why i would favor some caps on payouts to individuals (although caps far higher than some tort reform advocates want), but would dramatically increase the criminal and/or regulatory penalties involved for the corporations who flout the rules.
$5000 would cover my losses but not by very much. If I was traveling, I would have my laptop computer, w/ software, suits and misc. clothes, cell phone, ipod. Plus the suitcase. Maybe some papers that would be a pain in the neck to replace, passport, drivers license, paper documentation. My time is worth something y’know.
If I was headed on a golf trip, I would have my clubs, balls, other equipment. Easily $1500
I guess the ticket price has been refunded. You even got to think about the trivial items, like a extra days parking at the airport.
5 grand?, barely enough but maybe not. I would expect more.
Instead of going with the hypothetical premise that there was some kind of negligence involved, I’m going to go with the more realistic assumption that what happened to this flight and what happened to the aircraft/flight several days earlier were two entirely different, but coincidental, incidents. I’d put money on the former being a simple case of engine stall, which the pilots recovered from, and continued on their way.
In the latter, were I a passenger, I’d completely accept that an act of God/nature/whatever caused this incident. Given that, I can’t say I’d even accept the $5000 in good conscience. US Airways’ baggage liability probably maxes out a bit lower than that, and I’d be hard pressed to convince myself that I somehow deserve $5000 for the clothes I usually carry. But hey, they sent the checks on their own accord, knowing that some people didn’t even board with anything other than their cellphone. Given that, I’d be very thankful for the check, and appreciate their generosity.
Beyond that, I don’t think US Airways owes squat (again, assuming the above is the case–I’m pretty confident that the NTSB report will confirm that, but I’m prepared to eat my words if I’m wrong). It was an entirely unfortunate situation, and certainly upsetting to many people. But I don’t think US Airways was in any way negligent. The engines did what they were supposed to do when confronted with a flock of birds. The pilots did what they were supposed to do, and ended up saving the lives of everyone on board in the process. Anything further than compensation for baggage in this case would be, in my opinion, profiteering.
You should read up on your airline’s baggage liability policy. Were they to lose your belongings in the course of regular operations, you’d come out with far less than $5000, I imagine.
Chances are, my computer etc, would be carry on, and would be my responsibility, I wouldn’t expect an airline to compensate for my neglience or theft.
I am thinking that if I am standing in freezing water, facing hypothermia I would not be looking for my carry on luggage in the cabinets overhead or underneath my seat.
Haven’t you ever listened to the safety instructions, or read the safety card, on an aircraft? Every single one says something like: “In the event of an emergency landing, proceed immediately to the emergency exits, leaving all carry-on items on board the plane.”
Even if you were, they wouldn’t let you take it with you during a water landing anyway.
Thats my point, its carry on luggage and might have unreplaceable items. If I lost it (in the airport or similar) it would be my responsibility, my negligence.
I don’t know how long it took the passengers to disembark from the plane, but If waiting for the door to be unlatched, with 20 deg air blowing in, i would be trying to find my coat while standing there. (if I wasn’t in a panic)
Or better yet, suppose that the investigation reveals that the pilot was drunk and stoned and he deliberately dangled a goose in front of the engine intake. Or that the goose was a goddamned communist. Or that E.T.s were involved. None of which actually happened, either, but just imagine if it did! Then what??
It’s kind of amazing to me that those checks have already been cut and sent, with apparently no intention that this will cover them against further litigation. I think that sounds like a company that is trying to do the right thing.
While I certainly understand that no one wants to be put in a position where they think they are about to die, I would think that miraculously coming out alive at the end of it is more than enough compensation.
If the offer of $5K is only for luggage, and is without prejudice to a claim for personal injury, then yes, I would take it.
If I had no medical bills, no physical injury, and no serious emotional damage, then I doubt if I would have a case for damages, and even if I did, it looks at this time as if the incident was an act of god rather than anyone’s fault. I’d consult a lawyer who specializes in such matters in the USA before making a decision on whether or not to sue, and try to put off the decision until I knew if I was suffering from serious emotional harm, and whether or not it was just a bird strike that brought down the plane.
I’m not a litigeous type, so I doubt if I would get involved in an action over being put in harms way only to be rescued by some remarkably good flying. Being in a lawsuit would stress me, so unless there was a very high probability of my winning a significant sum, then I’d just as soon put the incident behind me rather than get stressed out having a case run through the courts.
Also, getting in a serious jam on occasion is not that big a deal for me (a typical conversation in my life: Friend: “How was your weekend, Muffin?” Muffin: “Nobody died”), so I can’t see myself getting all that worked up about the incident to the point of running off to court crying about the impact it had on my life, for based on past experiences, I expect that at the worst I would only have a few bad dreams for a few weeks and be a bit uncomfortable on planes for a couple of years. That’s just not the level of damages for which I personally would be willing to go to court over.
