Damn, matt, I’d referenced the '82 crash several times recently and apparently had it on the brain. Thanks for the catch.
Hudson!
I’d take the money for the bags. It looks like a combination of “good PR” and “don’t want to screw around with 150 separate claims.”
I’ve been under the impression that common carriers are strictly liable for pax safety – meaning, if I was hurt I don’t have to prove they did anything wrong. If that’s the case then negligence isn’t an issue at all – the pax will be compensated for their injuries (although being scared shitless for 3 minutes isn’t likely to be compensable) even if the airline was completely faultless.
If negligence is an issue for any reason, though, $5K would still be a pretty good offer for most of the passengers. It’s possible, but highly unlikely, that the airline was negligent. If there is a 10% chance the airline was negligent (that’s probably high), and your provable damages are $50K (probably way high), your claim is worth $5K right now. So in the hypothetical case that they were offering $5K to settle all claims, I’d take it seriously.
Airline liability for crashes on domestic flights is governed by state law.
E.g., http://law.freeadvice.com/aviation_law/aviation_law/aviation-accident-law.htm
I’m unaware of any state that imposes strict liability on airlines, although some states impose heightened duties of care. http://www.cbdlaw.com/CM/Articles/CommonCarrier.pdf
Ah. Thanks. Of course, I’d verify that before I took the money 
In any event, even if the $5K was for the negligence claim I’d think about it. I think that negligence by the airline is possible but not likely, and my claim wouldn’t be worth too much anyway.
The $5K sounds a little low to me, though not by much, mainly because of the hassle schlepping around to replace the lost stuff. Time isn’t money but who has all that much to spare? But I hate shopping with a passion so I’d grump about the extra inconvenience. No more than $10K, absolute top end, would be reasonable though, IMO.
There was no negligence; in fact, everybody involved pretty much shone like stars. (And hey, the geese already gave their all.) Shit happens.
If I walked ( boated) away from a non-pilot error, non-mechanical failure plane crash, I think $20,000 would be suffice along with a couple of any-where-in-the-world-first-class-vouchers that never expire, as a gesture of good faith.
This would more than cover loss of luggage, soiled underpants, nightmares.
I don’t carry anything of major value with me when I travel and I would probably come out ahead. I would like to see a little bit higher offering, I think the airline is lowballing and knowing they are going to get poo pooed and when it goes to court it will be brought out that the passengers ixnayed the offer and try to make them look like money grubbing fishwives.
I honestly cannot see suing as a) it wasn’t the airlines fault b) that pilot and crew did such a fantastic job c) No fatalities or horrific injuries. ( what were the injuries, anyways?)
See, this is what I don’t get. If I walked (boated) away from a non-pilot error, non-mechanical failure plane crash, I think the actual cost of my destroyed luggage would suffice, along with reaccomodation from LGA (or wherever I washed up at) to CLT. I don’t get why I would even begin to think the airline would owe me anymore than that.
Key phrase being “more than cover.” If you’re seeking to not only cover your actual losses, but more than cover them, it’s profiteering, IMO.
Well… they would look like money grubbing fishwives, to me. $5000 is more than a fair offer, both for recompense and as a good faith gesture, IMO.
On that, we can agree. From Wiki:
Why do you hate America? 
$5000 for the loss of my luggage (the permanent loss, probably)? Thank you, I appreciate the gesture.
More money for my “mental and emotional pain & suffering?” No, thank you- I am alive and well, and could not justify turning that gratitude into a shallow cash grab.
YMMV, of course.
I would say that fair compensation for 5 or 10 minutes of fright would be enough money to pay for a nice trip to the Carribean or the Mediterranean for a week or two for oneself and one’s family. So maybe $10k or something.
I would agree that some compensation is due if there was any negligence involved on the part of the airline.
But, honestly, I just can’t see asking the airline to cover it. They had no control over the situation; in fact, as a result of the flight crew’s quick thinking and skill, the passengers only had a few minutes of fright and mental despair – as opposed to the unquantifiable amount that may have resulted if anyone had perished.
If anyone should be forced to cover the cost of mental distress, it’s the geese for choosing that particular path of flight. Unfortunately, they are not only dead, but I think a judge would laugh you right out of the courtroom. Maybe even the state.
I hate to harp to the point where this edges into GD territory, but for me, it would be a “thank you so very much for saving my life, I most certainly appreciate the $5000 check for my luggage, and I wish your company the very best in the future.”
Again, the 5K is for luggage, which is more than fair. If your possessions on the flight were worth more than that, then I’m sure the airline will be happy to see the receipts.
And no one is saying the airline won’t offer something else as a token of appreciation for the hassle of being in their crashed jet (e.g. free tickets or FF miles).
The one thing I would insist on is a t-shirt that says “I survived US1549” or “Sully saved my Ass” or something like that.
I agree.
In the next phase, assuming negligence is not shown to be a cause of the accident, I think the company will settle for any actual damages the passengers had, i.e. medical costs, loss of time, twenty minutes of suffering–even mental anguish if they need treatment.
But to ask for more than actual damages, the passenger would have to go to trial and be faced with all of the evidence, videos, testimonies etc. of how HEROIC the company’s employees were. A jury would LOVE them and see the passenger as being greedy if he/she asked for more.
Since settlements are negotiated within the context of what would happen at trial, I don’t predict a trial and I don’t think anyone is going to “hit the jackpot” (other than being alive) on this case.
Of course, I’ll probably be proven wrong.