Man who sued BA for sitting next to ‘obese passenger’ on Bangkok flight loses court battle

[webfact]

Need To Know:

Man who sued BA for sitting next to ‘obese passenger’ loses court battle

by Metro Reporter

 

A PASSENGER has lost his battle to sue for £10,000 because of a ‘nightmare’ 12-hour flight next to a 23-stone passenger.

 

Stephen Prosser, 51, claimed he suffered personal injury and loss of earnings after being made to sit next to the large passenger during a 12-hour flight from Bangkok to Heathrow.

 

But his civil claim against the airline at Pontypridd County Court was dismissed by district judge Andrew Barcello, who said Mr Prosser had ‘exaggerated’ the description of the other passenger.

 

Full story: https://www.metro.news/need-to-know-man-who-sued-ba-for-sitting-next-to-obese-passenger-loses-court-battle/1327530/

 

-- METRO 2018-11-30

[robblok]

Would not be the first to try to defraud the insurer. There was an UK series called claimed and shamed, well worth watching.

Sent from my SM-G955F using Tapatalk

[colinneil]

Well the judge was 100% correct, as i said previously it was just a scam trying to get money out of BA.

[Bluespunk]

“The judge said that, while Mr Prosser may have exacerbated a degenerative spinal condition during the flight, he could have just asked to swap seats with another passenger.

 

Following the verdict, a British Airways spokesman said: ‘We are pleased that the court agreed that Mr Prosser had room to fly comfortably.’”

 

I don’t think that is what the judge said, at all. 

[bendejo]

9 minutes ago, webfact said:

But his civil claim against the airline at Pontypridd County Court was dismissed by district judge Andrew Barcello, who said Mr Prosser had ‘exaggerated’ the description of the other passenger.

 

I am imagining a dialogue along the lines of:

"Just how obese was this other passenger, Mr Prosser?" asked the 350 pound judge.

 

 

[neeray]

Nice though that we got the 'skinnies' on this story. Good to see a follow-up on TVF.

[darksidedog]

I think most of us have had a bad flight at some point, but most of us just accept it and move on. I complained once when living in India about a series of disasters caused by Air India incompetence, which they agreed was unacceptable and gave me four free first class tickets. This fella might have had a better outcome had he tried discussing it with Customer services. Going to court with such a poor case was unwise and the court obviously agrees.

[ezzra]

This guy would stand a chance to win even had he flown on one of them Loin Air Boeing 737 MAX aircraft...

 

[transam]

If one fly's cattle one must accept the risks. If one is concerned about what may happen in cattle then one should book business class..????

 

PS. I was sat next to a fat bloke once, he couldn't even eat without his elbow under my chin. Plus me trying to eat was a waste of time....????

[bobbin]

Poor decision.. While over-sized passenger and the 5'3" complainant were paying the same fare, the smaller man was receiving less than fair(fare) value. Obviously so, if the 320lb. man is encroaching on the seat space paid for by Mr Prosser.

 

The main fault is the failure of the airline, for accepting such a large passenger at the same fare level.

Edited November 30, 2018 by bobbin

[owl sees all]

11 minutes ago, bobbin said:

Poor decision.. While over-sized passenger and the 5'3" complainant were paying the same fare, the smaller man was receiving less than fair(fare) value. Obviously so, if the 320lb. man is encroaching on the seat space paid for by Mr Prosser.

 

The main fault is the failure of the airline, for accepting such a large passenger at the same fare level.

 

Agreed!!

 

A couple of points worth mentioning here. Firstly; the fat man was sitting on an outside seat and not in the centre. This would make the aircraft more difficult to control. Secondly; the fat man was actually sitting outside his bought space.

 

Slim traveler was/is entitled to a full refund or a free ticket to somewhere.  These air services need to wake up and smell the coffee.

Edited November 30, 2018 by owl sees all

[transam]

10 minutes ago, bobbin said:

Poor decision.. While over-sized passenger and the 5'3" complainant were paying the same fare, the smaller man was receiving less than fair(fare) value. Obviously so, if the 320lb. man is encroaching on the seat space paid for by Mr Prosser.

 

The main fault is the failure of the airline, for accepting such a large passenger at the same fare level.

That stuff may come in the future, scales at check-in perhaps..Asked weight on booking...????

[owl sees all]

4 minutes ago, transam said:

That stuff may come in the future, scales at check-in perhaps..Asked weight on booking...????

Yes sir! Now you are talking!

 

Imagine one of these big birds full of fatties. Might not even take off. And what about the extra fuel used!?

 

I'd like to see the luggage and passenger weights combined. A fattie would then not be allowed to take any, or very little, luggage, while slimsters like us could take oodles.

Edited November 30, 2018 by owl sees all

[vogie]

This is one of the reasons that overweight passengers are no longer permitted to board from the rear of the airplane.

 

 

[tingtong]

while in this extent it may well be an insurance fraud....

 

i had been in the situation when a very overweight woman sit next to me, or to be more precise 1/3rd over me as well, as she managed to overflow her own space.

while the judge in the man's case said he could not expect big private scape on economy class i would say one can expect to keep his dignity and whatever seat he paid for himself, without having to support the weight and nastiness of a stranger's body in his lap for 12 hours.

such statement that he could stand during the flight is just disgusting, he was not buying standing room on the plane after all!!

 

in my case, after some chat with the staff, somehow could find a new seat on a full plane.

i cant blame the guy not wanting the full 12 hours in this situation, i have not myself.

insurance should not come into the equation, but the airline failed him big time!

[reargunnerph3]

[Forethat]

Quote

The judge said that, while Mr Prosser (pictured) may have exacerbated a degenerative spinal condition during the flight, he could have just asked to swap seats with another passenger.

 

 

"Hi there fellow passenger! I am the lucky one sitting next to the blob who is so fat his flesh flows into my seat. It actually restricts my ability to move and I am getting spinal injuries. Want to swap with me!?"

 

 I bet people will line up to take you up on that offer...

[watcharacters]

6 hours ago, darksidedog said:

I think most of us have had a bad flight at some point, but most of us just accept it and move on. I complained once when living in India about a series of disasters caused by Air India incompetence, which they agreed was unacceptable and gave me four free first class tickets. This fella might have had a better outcome had he tried discussing it with Customer services. Going to court with such a poor case was unwise and the court obviously agrees.

 

 

Four First Class tickets could have a lot of value.

 

[Jeremy50]

Always book an isle seat, that's where the real fatties sit, as they can't get in and out of the centre seats or window seats. Therefore, if you have the isle seat, in theory you shouldn't have to suffer being sat next to a <deleted>.

[JAG]

7 hours ago, transam said:

If one fly's cattle one must accept the risks. If one is concerned about what may happen in cattle then one should book business class..????

 

PS. I was sat next to a fat bloke once, he couldn't even eat without his elbow under my chin. Plus me trying to eat was a waste of time....????

So you gave him your meal as well?

????

[Oxx]

7 hours ago, transam said:

If one fly's cattle one must accept the risks. If one is concerned about what may happen in cattle then one should book business class..

 

Business class is no guarantee.  Often there are bawling kids.  And once I was sat next to a Chinese gentleman with the most appalling of personal habits.  I spent much of the trip feeling nauseous, and not from air sickness.

 

Best to travel first to avoid the hoi polloi.

[NoshowJones]

7 hours ago, transam said:

If one fly's cattle one must accept the risks. If one is concerned about what may happen in cattle then one should book business class..????

 

PS. I was sat next to a fat bloke once, he couldn't even eat without his elbow under my chin. Plus me trying to eat was a waste of time....????

 Maybe you should have sang to him Trans, that would soon have shifted him.????

[evadgib]

Seats should be 'one size/ fits all' and it should be large enough for the biggest passengers, given a small pax can easily fit in a big 'un...

Edited November 30, 2018 by evadgib

[wotsdermatter]

8 hours ago, transam said:

That stuff may come in the future, scales at check-in perhaps..Asked weight on booking.

If you check into the history of airline travel, in the early days (go back to the 30's and 40's, before the advent of everybody being able to use such services, passengers were weighed at check-in so they could be assigned seats for what is known as weight and balance of the aircraft.  Thus, there were no problems from obese passengers.  Remember that in those days a truly obese person was an oddity.  A couple of years ago, Japan Airlines required passengers to use the toilet before check-in in order to allow them to slightly increase the fuel load.  That idea did not fly too well with the passengers, either.

 

'nuf sed

[evadgib]

Changes to UK defamation regs published today:

https://www.gov.uk/government/speeches/controlling-the-costs-of-defamation-cases 

Mods: happy for this to be moved if there's a better place for it.

[Oxx]

5 minutes ago, evadgib said:

Changes to UK defamation regs published today:

https://www.gov.uk/government/speeches/controlling-the-costs-of-defamation-cases 

Mods: happy for this to be moved if there's a better place for it.

 

From the article "The Government will therefore now commence section 44".

 

"Section 44" seems very familiar.  Can't quite remember where I've heard it invoked recently.

[attrayant]

10 hours ago, webfact said:

 

A PASSENGER has lost his battle to sue for £10,000 because of a ‘nightmare’ 12-hour flight next to a 23-stone passenger.

 

Twenty-three stones?  When was this, in the early Ottoman Empire?  I hope he's suing for two hundred hog's heads and five oxcarts of the viceroy's finest horse dung.

[evadgib]

3 hours ago, Jeremy50 said:

Always book an isle seat, that's where the real fatties sit, as they can't get in and out of the centre seats or window seats. Therefore, if you have the isle seat, in theory you shouldn't have to suffer being sat next to a FF.

Tall people sit there too, be they fat or otherwise. I for one like being able to walk around or go to the loo when I feel like it during the flight & when it comes to the free-for-all rugby scrum upon landing I deliberately stand and place a hand on each seat (deliberately blocking the aisle) until everyone in front has left the plane in an orderly fashion (not possible if the scrum isn't contained!) and taken their baggage with them.

 

Tall pax also come in handy when short-arrses like the failed litigant in the OP struggle to hoist their hand luggage into the overhead stowage bins....or successfully retrieve it during the scrum ????

 

Just my 2p 

Edited November 30, 2018 by evadgib

[evadgib]

8 minutes ago, attrayant said:

 

Twenty-three stones?  When was this, in the early Ottoman Empire?  I hope he's suing for two hundred hog's heads and five oxcarts of the viceroy's finest horse dung.

The term is entirely acceptable to a domestic British audience in the 21st century despite kilos being widely adopted decades ago. 

[attrayant]

3 minutes ago, evadgib said:

The term is entirely acceptable to a domestic British audience

 

Which, of course, we all are!