Quote:
Originally Posted by jimworcs
I am not sure why you feel Lufthansa has liability in this situation. What did they do that was negligent? Don't you first have to establish that they were in some way liable? You may have more chance suing the passenger who did this to you.
The Dutch outfit really focus on enforcing 261 in relation to cancellation and delays. I think this is more a legal matter about liability.
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I don't have any legal experience to argue this on legal grounds. However, the EU regulation clearly states that when a passenger is injured or killed the airline must make an advance payment to cover immediate economic needs within 15 days. Questions of liability come later. I see the airline's liability in the fact that the airline does not provide enough space for two passengers boarding the plane to pass each other together with their onboard luggage. I my case, I was standing in place trying to put my bag in the overhead compartment and a lady tried to pass me and bumped into me with her luggage. Perhaps the airline is not liable regarding this incident.
But, I've heard of cases, on Black Friday, when there are hundreds, or thousand of people waiting for the doors to a store to open. In the rush inevitable some people get hurt, or even die. Is the store negligent? Well, there have been cases where stores have been found negligent.
If an airplane gets struck by lightening, is forced to land, some passengers get hurt, Do they get any compensation?
A female student gets raped in a school dormitory, is the school negligent?
When I was contemplating posting my complaint I decided to post it in the section on customer service because my complaint at the moment is against their lack of any service, namely, their unwillingness to even talk to me about this. I am quite convinced that I will not get a dime from them. I'm just hoping that at least ten people who read this will decide not to fly Lufthansa. Reading other people's complaints, it's obvious that whatever problem you encounter with Lufthansa don't expect that you will get any response from them.
By the way, aren't they required by law to send an accident report, one that results in an injury, to the FAA and to whatever European agency? No one ever contact me to hear my side of the story. And they said they would.