Husband Injured On Flight!!

How is it the airline's fault? Sounds like you can't find the guy that dropped the bag and you're looking around for someone to blame. :confused3 Don't you have insurance??? If not, it sounds like you're just going to have to suck it up and pay your bill. Accidents happen. I sure don't want my airline tickets going up because of bogus medical claims. :charac2:
 
My 2 cents and forgive me if someone has already covered this.

You can only bring a claim and/or a lawsuit against someone who has done something wrong. You have a claim against the passenger who carelessly loaded his luggage. Hopefully, you can get the passenger's name from Southwest. A lawyer could help you with this. It is possible that passenger's homeowner policy would cover this situation.

As for Southwest, ask yourself what they did wrong. Maybe some level of a higher level of employee supervision was required since your Husband was disabled? Again, a lawyer would be able to help you with this.

I would definitely see a lawyer. You would probably be charged on a contigent fee basis if the lawyer takes the case....meaning the lawyer gets a percentage of what you recover. It would probably be more that just medical bills and out of pocket costs necessitated by the incident and delay. Recovery for "pain and suffering" is usually the largest monetary part of any settlement.

Good luck.
 
I'm very sorry that your husband was hurt. It sounds more like his pre-existing medical condition was aggravated versus new injuries. I really wish I could agree that someone else is liable, but I can't see how. It sounds like SWA did a lot of things above and beyond, such as getting you into a hotel and taking care of your flights. Now I think it's only right that they do this, but I'm sure they didn't "have" to. It's clear that the person who put their bag up there didn't do a good job of it, but I doubt it was done maliciously. It would have been nice if he had offered his name and information to help you guys out.

And about peoplpe taking carry-on's that are too heavy, come one. Are you serious? Just because we all don't have your packing abilities we should just check everything?

I hope that your DH is OK and that your DD recovers from witnessing that as well. Don't let this ruin flying for you!

D4D
 
well if it isnt the swa faults its the other passengers and while it was probably an accident your family should not have to pay the medical bills
swa cna surely investigate and get all the names of the passengers behind and around your DH
i would have a lawyer call them as swa will take you omore seriously
i would ask for all reorts about this
you KNOW they ahd to write up what happened
so thye could justify the expense of putting you up and switching the
flights stuff like that
good luck and dont give up!!!!!!
 

I'm amazed how many posters are expressing an opinion, on both sides, without any facts. This isn't a question like is Mission Space a good ride or is MYW Dining a good deal. Those are subjective questions.

OP needs an attorney if they want to proceed. The opinions expressed in this thread are less than useless.
Your ticket and a variety of laws will first determine SW's liability. The next question would be if the bin was defective? Was SW negligent in allowing customers to carry-on luggage that's too big or too heavy for the bins? We don't even know if a FA was helping the passenger when the bags fell. Finally none of us has the slightest idea if this is a new injury or just an aggregation of a pre-existing condition. It's not even clear if the accident occurred when a pre-boarder or a regular boarded dropped the luggage. Some people might argue the airline is neglient if they allow a passenger that has trouble boarding to try and put a heavy bag in the overhead bin. Was SW responsible to generate an injury report that includes the name of the passenger that dropped the bag?

I'm surprised SW didn't allow the spouse to pre-board. That might have been helpful.

This is certainly an example of why passengers shouldn't be allowed to take as carry-on bags that really should be checked.

My guess is the industry does a good job getting legislation passed that protects them in these circumstances but OP really needs competent legal advice.
 
heaven2dc said:
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!!


Thats is soooooo awful i am soo sorry!!
 
Southwest, according to their own contract of carriage, has the responsibility of determining whether or not something is too heavy to be carried on. It's in section 46.A of their contract of carriage.

It sounds in this instance like that particular piece of luggage was too heavy to be taken on board the plane.

I don't know if that would get you anywhere legally, but I'm sure if you pointed that out to them they'd be willing to help you track down that passenger's name either via an accident report, or a passenger list. :)

Legalities aside, I hope your husband is okay!!! Sorry your trip was capped off in such an awful way.
 
You have health insurance don't you? Yoj may choose to file the claim against your health insurnce whcih is absolutely normal, and your health provider may go after someone else which you do not have to know about.

The plane should have been held so all your belongings could be retrieved.

Maybe it is time to make "stop the miscreant" the very first thing to do in a situation such as this. I'll have to leave it up to your imagination on how to do it (grabbing a cell phone off his belt is one idea), if several bystanders help the process will be easier.

Disney hints:
http://members.aol.com/ajaynejr/disney.htm
 
Lewisc said:
I'm amazed how many posters are expressing an opinion, on both sides, without any facts. This isn't a question like is Mission Space a good ride or is MYW Dining a good deal. Those are subjective questions.
She asked for our input and advice. I think we are responding accordingly.
The opinions expressed in this thread are less than useless.
Having said that, you go into your own tirade of questions, which we have all ready brought up.
Your ticket and a variety of laws will first determine SW's liability. The next question would be if the bin was defective? Was SW negligent in allowing customers to carry-on luggage that's too big or too heavy for the bins? We don't even know if a FA was helping the passenger when the bags fell. Finally none of us has the slightest idea if this is a new injury or just an aggregation of a pre-existing condition. It's not even clear if the accident occurred when a pre-boarder or a regular boarded dropped the luggage. Some people might argue the airline is neglient if they allow a passenger that has trouble boarding to try and put a heavy bag in the overhead bin. Was SW responsible to generate an injury report that includes the name of the passenger that dropped the bag?

I'm surprised SW didn't allow the spouse to pre-board. That might have been helpful.
Um, read the OP. She went to go get some food while her DH and DD pre-boarded. When she came back she they were all ready baording regular pasengers. Do you think she shoud have cut in at that point, is that what you mean?

This is certainly an example of why passengers shouldn't be allowed to take as carry-on bags that really should be checked.
Oh please, we have no idea how heavy that bag was. What is heavy for one person may not be for others. The weight of the bag may have had nothing to do with whether or not it was going to fall. Heavy or not, gravity takes over and it's 32 feet per second on the way down.

My guess is the industry does a good job getting legislation passed that protects them in these circumstances but OP really needs competent legal advice.

D4D
 
From my own experience - I slipped on ice outside my building at work and injured my shoulder. The owner of the property (an amazingly wonderful person) told me to be sure that my insurance company did not pay any of my medical bills before his insurance company got them. He said the reason had to do with continuity of payment. I guess that, if at a later point, I needed further physical therapy due to the injury, his insurance company would pay for that too. If my insurance pays first, then his wouldn't pay for any future treatment relating to the original injury. The owner actually said "that's why I have insurance." Not sure I'm being clear, but I hope I hope things work out for you and your husband. Feel better!!
 
mickeymom55 said:
From my own experience - I slipped on ice outside my building at work and injured my shoulder. The owner of the property (an amazingly wonderful person) told me to be sure that my insurance company did not pay any of my medical bills before his insurance company got them. He said the reason had to do with continuity of payment. I guess that, if at a later point, I needed further physical therapy due to the injury, his insurance company would pay for that too. If my insurance pays first, then his wouldn't pay for any future treatment relating to the original injury. The owner actually said "that's why I have insurance." Not sure I'm being clear, but I hope I hope things work out for you and your husband. Feel better!!

Ice in front of building on a sidewalk is another matter. The owner of that property was negligent for not removing the ice. It's pretty common that you must shovel the walks on your property or if people injure themselves there you will be liable.
 
You are absolutely right, two completely different situations. I guess I should have clarified myself. My concern was that if their insurance company pays right away, she may have no recourse in pursuing SWA or the other passenger's insurance company to pay for the medical bills. If another party's insurance is willing to compensate her DH for injuries, fine, if not, let's hope she has personal coverage to pay for the hospitalization.
 
mickeyluv said:
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!!

:grouphug:
 
I don't have any particular advice as to how to pursue this. I do want to say how sorry I am that this happend to your husband & the ordeal that your family went through!

I recently fell & broke my ankle. It was totally my fault, I just stepped wrong in a pair of high heels when stepping off a curb. My medical insurance carrier did send forms out to both me & my physician to try to determine the "fault" of the accident. I did get the impression that if there was other insurance that could have been responsible that they would have pursued it. I would definitely check with your insurance carrier. It may be that they can start some of this process for you.
 
Ducky4Disney said:
She asked for our input and advice. I think we are responding accordingly.

Actually she said she was already consulting an attorney and specifically asked for no flames. I'd say that includes people suggesting she shouldn't be looking at SW's possible negligence.

Oh please, we have no idea how heavy that bag was. What is heavy for one person may not be for others. The weight of the bag may have had nothing to do with whether or not it was going to fall. Heavy or not, gravity takes over and it's 32 feet per second on the way down.

You're right we have no idea how heavy the bag was. Therefore we haven't the slightest idea if SW's was negligent in allowing a passenger to stow, or try to stow, a bag that didn't belong in the bin. The driver not the guests are allowed to stow bags under the ME bus. Liability and loading issues. At a certain point SW may well have liability if they allow passengers to try to load bags that don't belong or can't easily be stowed.

You expressed an opinion that SW wasn't negligent but you have absolutely no basis for that opinion. SW might and they might not.

OP is asking for non-flaming advice. She is consulting an attorney. I guess your advice is to assume SW has no liability to canel her appoitment with the attorney?

Airlines are allowing passengers to stow far more weight than the overhead bins are designed for. I certainly don't know if OP has a claim that's valid but it's bad advice to assume they don't without a lot more research.

NOTE TO OP:

Even an HMO, network only, plan generally has to provide in network benefits for coverage given by a non-network provider in an emergency situation. The previous posters are correct. They may well purse SW for reimbursement but at least the hospital bill will be taken care of.
 
I'm so sorry this happened to your DH. Do you have insurance? If so, then call the hospital and give them the insurance info. Have them file against your insurance. You will have to pay the deductible or copay if there is one. Then call your insurance company and explain to them what happened. If it is something that SWA should pay for then your insurance company will file paperwork with them on your behalf to recollect their money. This way the very most you are out is the copay amt. My DH was hit by an 18 wheeler in Jan 04 and our insurance company was wonderful. I hope your DH gets better soon.
 
No advice, just so sorry that this happened to your poor husband and daughter. Hugs and prayers for all of you.
 
EsmeraldaX said:
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.

Another claims adjuster here, but I won't get into defining liability as it's not a black/white issue and would be best left for an attorney to weigh whether worthwhile to pursue. But, if you're only interest is getting the medical bills paid, you can ask for the insurance information and inquire if they will just pay the medical under their liability policy. Many companies will pay this on a discretionary basis to allow resolution without things progressing further. It seems like it would be reasonable considering that although it did happen on their property, they can't control the actions of an irresponsible third party. No doubt the person responsible was the other passenger and it rightly should go through his/her homeowners' policy, but I can understand circumstances prevented getting the name. Hope this helps and glad everything is going to be okay.
 
DWDreams said:
Another claims adjuster here, but I won't get into defining liability as it's not a black/white issue and would be best left for an attorney to weigh whether worthwhile to pursue. But, if you're only interest is getting the medical bills paid, you can ask for the insurance information and inquire if they will just pay the medical under their liability policy. Many companies will pay this on a discretionary basis to allow resolution without things progressing further. It seems like it would be reasonable considering that although it did happen on their property, they can't control the actions of an irresponsible third party. No doubt the person responsible was the other passenger and it rightly should go through his/her homeowners' policy, but I can understand circumstances prevented getting the name. Hope this helps and glad everything is going to be okay.

What you said. ::yes::
 
Thank you to Kelly! My heart goes out to anyone who experiences anything bad on their vacation (much less Disneyworld). We moved up to Virginia 2 days later and unfortunately haven't gotten to take my youngest 2 back. Two years later I was able to treat my oldest 3 but the youngest two still haven't gone so am saving pennies to hopefully take them next year.

All the best to every Disney vacationeer out there!!!
 












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