Passenger Bill of Rights for air travel

[pilot fish]

Update on JetBlue's stranded JFK passengers:

As of this morning, according to local NY TV news, many passengers had still not been flown out to their destination. The people stranded could not find any baggage handlers to help with thier luggage so had to lug them on their own. One eye witness saw the JetBlue staff hiding behind counters, in back rooms, laughing at the passengers struggling with all thier bags. Passengers this morning, and last night, told of standing in line for rescheduling FOR 5 HOURS WITH NOTHING TO SIT ON, NO RELIEF, and once they got to the counter that there were NO FLIGHTS FOR THEM. This keeps getting worse. I think this level of incompetence might sink this airline.

 

[pilot fish]

What is crucial here, and needs to be understood by some members of this Board that think this is not serious or in need of correction is:. IN ANY OTHER BUSINESS EXCHANGE YOU CAN TERMINATE WHEN FAILURE TO PERFORM HAS BEEN ESTABLISHED, long movie line, super market line, restaurant waitng for food, taxi in traffice jam, etc, YOU CAN LEAVE AT WILL. IN THIS EXCHANGE, WITH AIRLINE THAT HAS DEMONSTRATED FAILURE TO PERFORM, YOU ARE TRAPPED AND FORBIDDEN ANY FORM OF EXIT. That constutes illegal detention.

If you were allowed to exit plane after a reasonable length of time, 3 long hours, there would be no need for legislation. But when you confine passengers against their will with no means of relief for 8, 10 and 11 hours, something must be done to prevent this.

 

[tonka97]

One solution to illegal detention on plane? (compliments Laura Schlessinger, talk radio)

Ask the stewardess (steward, flight assistant, whatever) "what is the minimum action I can do that will get me arrested?"

Police come and remove you from the plane; you call your lawyer from the terminal.

:huh:

 

[tedtim]

I would really like you to explain why that would be?

This is not a bill to charge taxes or make the airlines fly people for free.

If the airlines never mistreat a passenger, then none of the penalties being suggested would be imposed against the airline. This is like a traffic ticket. You run the red light and you pay a fine. You follow the rules and everything is great.

And as a few people said - "they're working to fix it so it won't happen again so we don't need a law" But didn't they say that back in 1999? And then again in Dec 2006? Some people's idea of "never again" :shakehead

Do you truly believe that there would be no cost to implement new laws? If the airlines had to start paying compensation for every (or any) delay, then there would have to be a process to adjudicate claims. I doubt that they would accept every claim, even if one could define a clear line that had been crossed. The airlines would find ways to defer, delay, or otherwise interpret the situation to their advantage, leaving passengers to have to pursue a process to obtain any compensation. There would also have to be some oversight to ensure that it was done. The cost would not be absorbed by the airlines, but spread across the cost structure for the tickets. I doubt that any law would change the airlines way of doing business.

The best way to deal with this is to stay away from those airlines that could not give a d*** about the passengers. It seems that many airline passengers price shop for tickets rather than look at the overall aspects. Cheap flights sound great, but are not always the best choice.

 

[tonka97]

http://www.answers.com/topic/kidnapping

False Imprisonment

The illegal confinement of one individual against his or her will by another individual in such a manner as to violate the confined individual's right to be free from restraint of movement.

To recover damages for false imprisonment, an individual must be confined to a substantial degree, with her or his freedom of movement totally restrained.
...

False imprisonment often involves the use of physical force, but such force is not required. The threat of force or arrest, or a belief on the part of the person being restrained that force will be used, is sufficient. The restraint can also be imposed by physical barriers or through unreasonable duress imposed on the person being restrained. ....

An individual alleging false imprisonment may sue for damages for the interference with her or his right to move freely. An individual who has suffered no actual damages as a result of an illegal confinement may be awarded nominal damages in recognition of the invasion of rights caused by the defendant's wrongful conduct. A plaintiff who has suffered injuries and can offer proof of them can be compensated for physical injuries, mental suffering, loss of earnings, and attorneys' fees. If the confinement involved malice or extreme or needless violence, a plaintiff may also be awarded punitive damages.

An individual whose conduct constitutes the tort of false imprisonment might also be charged with committing the crime of kidnapping, since the same pattern of conduct may provide grounds for both. However, kidnapping may require that other facts be shown, such as the removal of the victim from one place to another.

False imprisonment may constitute a criminal offense in most jurisdictions, with the law providing that a fine or imprisonment, or both, be imposed upon conviction.



Food for thought.

 

[pilot fish]

tedtim, no violation, no cost. Allow passengers the right to deplane after a 3 hour wait. Where is that a cost to airline that would get passed on? IF THERE ARE NO MORE VIOLATIONS, THEN THERE IS NO ADDITIONAL COST.

 

[letterboy]

One solution to illegal detention on plane? (compliments Laura Schlessinger, talk radio)

Ask the stewardess (steward, flight assistant, whatever) "what is the minimum action I can do that will get me arrested?"

Police come and remove you from the plane; you call your lawyer from the terminal.

:huh:

Yeah thats real level headed. . . :shakehead

 

[pilot fish]

Yeah thats real level headed. . . :shakehead

yeah, look at the source of that sterling advice

 

[letterboy]

yeah, look at the source of that sterling advice

Not going there some good info in here now. . .

 

[pilot fish]

Not going there some good info in here now. . .

I agree totally but none of it is coming from "Dr" Laura