Husband Injured On Flight!!

mickeyluv

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Feb 10, 2005
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We just got back early, early, this morning from our WDW trip. We had a wonderful time while we were there, but unfortunately there was a complete diseaster for our flight home. I will have a trip report later, but right now I want to explain our situation and hopefully get any advice and in sight from you guys!

My husband traveled with a ECV due to the fact that he has a cyst on his spinal cord so walking in the parks for that length of time is just not realistic. Therefore, we took an ECV with us, which worked out wonderfully. On our flight home though he was injured while on the plane. He and our DD preboarded while I went to one of the fast food restaurants and got us a bite to eat for the flight home. I was waiting in the boarding line with the rest of the passengers on the jetway when all of a sudden the line stopped moving. After about 10 minutes of us all standing there, someone asked what the holdup was and someone standing towards the front of the line stated that a passenger had been injured. About 5 more minutes passed and then a SWA employee came out with my DD (age 7) who was hysterical and crying and told me that my husband had been injured and they were going to transport him by Ambulance to the hospital. I asked what had happened and was he alright (I hadn't yet seen him). The SWA employee told me that while my husband was sitting in his plane seat, the passenger behind him was putting his luggage up top and had not put it up in the above compartment good and it had fallen out and hit my husband on top of the head. It knocked him forward and on to his knees, and then he fell into the isle. They brought my husband out on a back board and had him immobilized with the hard neck collar. We were all scared to death!!! He was in tremendous pain and was having back spasms. They said that they were going to transport him by ambulance to the hospital for testing, but because our DD was underage, they said she could not ride in the Ambulance so we had to take a taxi to the hospital. One of our carry-on bags didn't make it off of the plane, which was my bag that had my money, ID, credit card, etc. Therefore, I had no money or anything. The SWA supervisor gave me a voucher for me and my DD to be able to take a taxi to the hospital with relunctance (first she said she had no way of providing us transportation). The 2 paramedics overheard me telling the SWA supervisor that I had no way of taking a taxi due to my bag being left on the plane and I had no money, credit card, etc. In just a few minutes one of the paramedics came over to me and gave me $43.00. The two paramedics took their hard-earned money right out of their wallets and gave that to me and my DD out of the goodness of their hearts!! I told him I didn't want to take it, but he insisted saying that we didn't know what the outcome was going to be and we may be here more than just overnight. I gratefully thanked him and asked him for his address so that when I got hom I could re-pay him the money. He told me it wasn't necessary, but after much persistence on my part, he gave me a business card with his name on it. He took the rest of our carry-on luggage and walked us down to Baggage Claim and explained the situatoin to the attendant there so they could hold our luggage for us until our next flight. At this point, the only flight they had going to our home destination was at 11:00 the next morning, and if not that one then it would be 8:00 that evening. He then walked with us outside to the taxi and explained the situation to them. I don't think I could ever thank him enough for helping us in our time of need. I was distraught and worried and just all tore up. I was a basket case. We have only flown twice in our whole life, this being number 2. I am not that familiar with baggage, and taxi's, etc. We normally drive when we go on vacation.

They did an x-ray and a CAT scan and said everthing came back negative, but that the jarring from the luggage hitting him on the head had compressed his spinal cord and had more than likely aggravated the cyst already on his spinal cord. While at the hospital, the lady that deals with the financial part of things came over to get our information and asked how would we be taking care of this ER visit bill. I explained to her what had happened and she said that we would have to get in touch with SWA, but that the bill would be sent to us. They released him, though still in alot of pain.

So we missed our flight that night because we didn't even leave the ER until 3:00am on Thursday morning. SWA supervisor was very nice and put us in a room at a hotel near the airport. I think we finally crawled into bed at around 4:00 (we got up that morning at around 6:30 because it was our last day at WDW).

The next morning we get to the airport and there had been some type of Security problem, so once again we have missed our flight(11:00 flight). The same supervisor was on duty (she had told me to have her paged when we got to the airport). She put us in a dayrooom at the Hyatt in the Orlando airport so that we could get some rest and booked us for the 8:00 flight. We made that flight, although it was delayed and didn't take off until 8:45. We finally arrive home this morning at 2:00am. My husband's back and neck is still hurting and he is extremely sore.

I called SWA Public Relations and talked to the head lady there and explained our situation. She told me that SWA was not liable and they would not be taking care of his medical bill! She asked me did we get the name of the passenger whom the bag belonged to that fell on my husband's head. I told her no. I wasn't even on the plane when it happened and my daugther is only 7, and for my husband, I mean he was in no shape to be asking for names!!!

Now, I don't know how other people may feel, but I do not think that we should have to pay for this!!! I have contacted an attorney and we will see if anything can be done. We are not the kind of people who just go after people. We just don't feel like we should have to pay this medical bill. We are not saying we are going to file a law suit, but we are trying to find out if there is anything what so ever than can be done to take care of this medical bill. If that is the case about the passenger, then surely they would have more than likely have his name in their accident report. She said they would have had to write one up.

If anyone has any advice, please feel free to give it. If you are flamming me, keep it to yourself. I'm not in the mood!!
 
How awfull! I can't offer any legal advice, but I will say a prayer for you and your husband! The ambulance people sound like angels. I'm glad you finally made it home o.k. :grouphug:
 
Thanks maxiesmom! Prayer sure would be great!! I know that it works. I called some of my family from the hospital because they were expecting us home and I didn't want them to wonder what had happened to us and they also were praying. I know that this could have been a lot worse!
 
I am so sorry this happened to you. The airline must have a list of the passengers. However, I'm not sure if they know where they sat. It's going to take some investigating. I don't believe you should have to pay for this medical bill. All the best to you and yours :wave:
 

OMG! What happened to your DH and your family is just terrible! Thank goodness the ambulance people had a heart...

I've only had a few incidents of bad experiences flying (nothing compared to your situation) but I have found that people at the gates/desks often can't (and quite possibly won't) do anything to really help you. I have no idea why!

Anyway, I would definitely pursue this with an attorney as you are already doing...and also, if you haven't already, look up contact information on their website or something and mail a letter to them, telling them precisely what you've told us.

Good luck to you and your DH!!

I hope this all works out in the end!
 
first i'm glad that your husband is allright!
second i think they should have to pay for any medical bills!you would not believe what people sue for these days and win.also perhaps a nice letter to the commanding officer of the paramedic's would be put in there file. we always like getting these,and it means alot to us to read the thank you letters. i say get a lawyer and make em pay the e.r. bill.best of luck!
 
What a heartbreaking story... I am so sorry that this happened to you, and I hope your husband gets a good night sleep tonight!

My only thoughts on this..... and it is not good..... is that by purchasing the ticket, I can bet that there is some type of agreement there that the airline is not liable for luggage falling from above. (no specifically that, but for any personal injury, all that legal jargon) I know it is crazy, but sometimes we click "I accept these terms.. blah blah blah...." and we end up signing our life away.
I hope they realize that helping you is not about a lawsuit, but about GOOD customer service. It is too bad that you were not there when it happened.... that is they key.... and the person's who luggage fell will neverbe found.
Sounds like the paramedics were wonderful.... at least you saw some good hearted people there.
Take care of yourself and your family!
Catrin
 
I am not a lawyer either but I am a claims adjuster and I can say that if smeone gets injured on your property, the claims goes to your homeowners insurance. If someone falls at Target or Walmart (etc) the claim goes to the insurance policy for Target or Walmart. I don't see how SWA could NOT take care of this for you. It happened on their property, on their watch.
I hope your husband is ok. Definitely talk to a lawyer.
Keep us posted and best of luck. ;)
 
My only thoughts on this..... and it is not good..... is that by purchasing the ticket, I can bet that there is some type of agreement there that the airline is not liable for luggage falling from above. (no specifically that, but for any personal injury, all that legal jargon) I know it is crazy, but sometimes we click "I accept these terms.. blah blah blah...." and we end up signing our life away.

I have no idea if SW is liable or not, but it wouldn't matter what was agreed to by purchasing the ticket.

No one can sign their rights away. SW or DW or anybody can put any restrictions or liability wavers in a "contract" that they want but if they're not legal, you can't be bound by them.

For instance, the signs you see at some businesses that say "Not responsible for accidents"...Not worth the paper it's printed on. If you get hurt on their property, they are liable.

I'd definitely pursue this just to see what your rights and their obligations are. Good luck!
 
My only concern about hiring a lawyer is that it may end up costing you more than you get from SWA for the bill. :(

:hug: I'm sorry this happened to you. I find it very odd that they are not considered liable. This happened on their airline, because of their passenger who was seated behind your DH and because no one there was apparently paying attention to how the seating was going.

Like zalansky, I am also a claims adjuster and if someone gets injured on your property or in your car, you can usually go after their insurance policy. I would presume SWA has some sort of insurance policy that covers bodily inury to people flying on their aircraft. I've seen people get medical bills covered just because they slip while stepping into someone else's parked car. I would HOPE that if a private person has that kind of coverage on their car, an airline would have something like it for their planes.
 
Ok I am not a lawyer but... First off the person that dropped the luggage is easily located throug a simple seat log check. He was sitting in the row right behind your DH? Was he also a preboarder? I am so sorry about what happened to your DH. The airlines is responsible in that the luggage fell out of their compartment- they are blaming the person but you can easily blame the compartment for the injury- perhaps a lock was not working. Also start documenting every contact you have with SWA. Also can you get some type of accident report from the paramedics- were the police called? I am so sorry that you all went through this. Please give your DD a big hug from us. Poor little thing to witness all of this. Good luck and it sounds like the Public Relations person was just covering their butts. Send them a letter from your attorney and then see what their story is. Include the Pain and Suffering aspect for both your husband and 7 year old daughter and I bet you hear from them pretty quickly. Again who is to say that it was not a faulty compartment. By the way- what a jerk of a passenger to not be concerned about your DH and try to contact you.(he knows that you could very easily sue him) All that being said I have never sued anybody- but a threat of suit goes a long way.
 
java said:
Ok I am not a lawyer but... First off the person that dropped the luggage is easily located throug a simple seat log check. He was sitting in the row right behind your DH? Was he also a preboarder?

With SW you do not have preassigned seats so I guess they really don't have any type of log on who was sitting where unfortunately. As far as him being a preboader, my DH thinks he was just a passenger with an A boarding pass.


java said:
The airlines is responsible in that the luggage fell out of their compartment- they are blaming the person but you can easily blame the compartment for the injury- perhaps a lock was not working.

The compartment had not been shut yet.


java said:
Also can you get some type of accident report from the paramedics- were the police called?

No, just the paramedics, not the police. At least I didn't see any there. I made the statement to the lady today from SW that I should have gotten a copy of the accident report, but... , and then she interrupted me and told me that I could not have gotten a copy of the accident report. They are not allowed to give those out.

java said:
By the way- what a jerk of a passenger to not be concerned about your DH and try to contact you.(he knows that you could very easily sue him) All that being said I have never sued anybody- but a threat of suit goes a long way.

My DH said that he (the passenger who's luggage fell), "Man I'm really sorry" but he never asked my DH if he was okay or anything. We have never sued anyone either and we don't want to have to go to that extreme. All we are asking is that the medical bill be taken care of. Although, we (both me and my DH) did miss 2 days of work because of this also, but we really only want the medical bill taken care of.
 
So sorry to hear how your vacation ended up. In answer to the claims adjuster regarding homeowners insurance, the person who dropped the luggage could claim it on their homeowner's insurance if they had it. Their personal liability covers them anywhere if they unintentionally cause bodily injury or property damage to someone but in order to put in a claim, you'd have to know their name. I agree with everyone else regarding the passenger list but who actually dropped it is the problem. Also if you hire an attorney who would only get paid if you win would be the best option but I'm not really the suing type either.

Our trip to Disneyworld (my hubby, me & our 5 kids) in 1994 ended up sort of similarly only we never got to the Parks. My husband had a heart attack in the hotel room, and the paramedics had to take him down 3 flights of stairs, it was a nightmare just getting him to the ambulance. Sadly he died before he reached the hospital so my heart goes out to your husband for the pain he's suffered and all the troubles you've endured. Hope you recover your hospital bills somehow and all of us here on the boards will be praying for you!!
 
I am so sorry this happened! My stepdad was hit in the head on an airplane in the same situation. He didn't get seriously injured, thankfully. I think it is irresponsible that people are allowed to bring luggage on the plane that is heavy enough to injure people. Flame me all you want, but every time I see someone coming up the aisle with a suitcase, I think 'Couldn't they have checked that bag?' I travel alone with 2 small children, and we bring a backpack that fits under the seat in front of me. We did it when we lived in Alaska, too. If we can fly (with DIAPERS) for a 15+ hour trip with a small bag, ANYONE can!
Why are people so inconsiderate?
 
zalansky said:
I am not a lawyer either but I am a claims adjuster and I can say that if smeone gets injured on your property, the claims goes to your homeowners insurance. If someone falls at Target or Walmart (etc) the claim goes to the insurance policy for Target or Walmart. I don't see how SWA could NOT take care of this for you. It happened on their property, on their watch.
I hope your husband is ok. Definitely talk to a lawyer.
Keep us posted and best of luck. ;)

Not wanting to start a debate, just to clarify the above. If someone falls at Target or Walmart, it doesn't necessarily go to their insurance policy and if a claim is made against the policy, it isn't a guarantee that any medical bills will be paid by the retailer. You have to prove that there was negligence on the part of the company involved. It also involves many other factors that are too numerous to list. Liability insurance for a retailer works similar to your homeowners policy it is based on negligence and failure to make a good faith effort to present a safe environment.
 
mickeyluv,

I'm sorry to hear about your experience. Two things come to mind.

First, did you pay for your ticket with a credit card that might have some kind of travel accident insurance attached to it? Some credit cards even have travel insurance and don't require that you have purchased the ticket with the card.

While I agree that you should not be responsible for getting the medical bills reimbursed against any insurance you hold, and believe either SWA or the passenger whose bag fell should be responsible for these expenses, it may be easier in the long run if you have this type of coverage to use it.

Second, if you are not familiar with the FlyerTalk.com forum, I would strongly suggest you go over there to http://www.flyertalk.com/forum and post your story and ask for advice. The people over there are frequent flyers and many of them have experienced every type of travel mishap possible, or at least seen or heard about all kinds of unfortuante situations and how these are handled. I would think there may be some good suggestions from people over there of exactly how to handle this situation and have it resolved in the best possible way for you.

Good luck,
Susan
 
Goofydiane said:
Not wanting to start a debate, just to clarify the above. If someone falls at Target or Walmart, it doesn't necessarily go to their insurance policy and if a claim is made against the policy, it isn't a guarantee that any medical bills will be paid by the retailer. You have to prove that there was negligence on the part of the company involved. It also involves many other factors that are too numerous to list. Liability insurance for a retailer works similar to your homeowners policy it is based on negligence and failure to make a good faith effort to present a safe environment.

Are you a claims adjuster? I handle claims for commercial accounts, just like those named above for a very large company. I see these claims everyday and while negligence does have to be proven, I also feel there was negligence here. It is worth looking into, the man was obviously hurt pretty badly. I was making a general statement.
I don't know why so many people have to try to debate on these boards. So annoying!!!! Everyone's the expert!!! My bad...
 
Hi

Just a question. If a passenger injures another passenger, is the airline responsible for the damage? If a Disney guest caused a injury to another guest, is Disney liable? Do you have to prove negligence first?


Zalansky. You said there was negligence in this situation. Can you explain further? From a claims adjuster point of view. It might help the OP when they contact SW again.

Thanks :goodvibes :goodvibes
 
I'm not sure how I feel about it.

It is the practice, while boarding, that the overhead bins remain open. I don't see how SW was negligent because a passenger didn't load up his bin properly. Now, if had happen after the steward had gone through and checked all the bins and your flight was underway, I would certainly blame them.

The problem is: accidents happen. I'm not sure if this one is due to SW's negligence. I don't believe that a retailer is responsible for anything and everything that happens on their property. One time, my mom was grocery shopping and a little boy dropped and can of Hawaiian Fruit Punch (64 oz) on her toe. She had a fractured big toe. Should she have sued Safeway? I don't think so. Seems the same with the plane. The guy didn't load his bag properly. There was nothing about the plane or the staff that was negligent.
But, yes, this was an awful thing to happen. I feel so bad for your DH.
 
Christine said:
I'm not sure how I feel about it.

It is the practice, while boarding, that the overhead bins remain open. I don't see how SW was negligent because a passenger didn't load up his bin properly. Now, if had happen after the steward had gone through and checked all the bins and your flight was underway, I would certainly blame them.

The problem is: accidents happen. I'm not sure if this one is due to SW's negligence. I don't believe that a retailer is responsible for anything and everything that happens on their property. One time, my mom was grocery shopping and a little boy dropped and can of Hawaiian Fruit Punch (64 oz) on her toe. She had a fractured big toe. Should she have sued Safeway? I don't think so. Seems the same with the plane. The guy didn't load his bag properly. There was nothing about the plane or the staff that was negligent.
But, yes, this was an awful thing to happen. I feel so bad for your DH.

I think your key statement here is "accidents happen". It sounds to me as if this clearly was an accident ~ an accident caused by a passenger, NOT by the airline personnel. If the accident had been a result of negligence on the part of the airline then certainly (I would guess) they would take care of any costs through their insurance.

No, I am not an insurance adjuster, so I can't comment from a "professional" point of view. But, in this particular case, I don't see how the airline is responsible for the injury.

To the OP, I'm very sorry for what happened to your husband. I hope he's doing well on his recovery. Your own personal insurance will cover the majority of the costs, won't it? I know our insurance covers 100 % of the costs incurred in an accident/emergency visit to the hospital. Then the deductible and co-payment coverage is applicable for any follow ups.
 












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