40-Tude wrote:
JSA wrote:
I view this from two different lenses: (1) Should the crew have discovered her? Yes. (2) Should the airline bear any liability to her for failing to discover her? No.
Sorry if I'm failing to see how your #2 follows from #1.... What about ...
(1) Should the crew have discovered her? Yes.
(2) Should the airline bear any liability to her for failing to discover her? Yes, because they clearly failed in their duty as pointed out in #1.
As in ...
(1) Should the surgeon have realized the surgical instrument was still in the body cavity and in plain sight? Yes.
(2) Should the surgeon bear any liability for failing to see that? Yes - malpractice claim warranted.
One doesn't follow from another. They are independent.
Let's assume, just for the sake of argument, that she actively hid from the flight crew for the purposes of setting up a lawsuit. (1) Should they have found her? Yes. (2) Should the airline bear any liability to her for failing to discover her? No.
This isn't rocket surgery. In order for her to prevail in a lawsuit, she must show (a) she was owed a duty of care, (b) they failed to provide that duty of care, and (c) she suffered damages. But, the concept of contributory negligence states that if she was the cause of the harm that befell her, her recovery is reduced in the percentage.
What I am saying is simple - she passed out. She is responsible for passing out (likely a combination of alcohol and sleeping aids). Her passing out caused her to be missed by the flight crew. Thus, she was the cause of her being locked in the plane (at least partially). Now, more likely, she went in the bathroom and passed out. Even more her fault. Was it totally her fault? I think it was. But, we don't know all the facts (yet).
That's how the law works when it comes to negligence.
If there are no dogs in Heaven, then when I die I want to go where they went. - Will Rogers
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