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Man sues British Airways after being seated next to obese person on Bangkok flight


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Man sues British Airways after being seated next to obese person on Bangkok flight

 

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A tourist who visited Thailand is suing British Airways after claiming he suffered injuries and loss of earnings after being forced to sit next to an obese passenger on a 12 hour flight.

 

Stephen Prosser, 51, from Wales, told Pontypridd County Court on Friday that cabin crew onboard the Bangkok to Heathrow flight ignored his claims that he would be injured if he was forced to sit next to the obese passenger.

 

Mr Prosser, an engineer, told the court the passenger was “extremely large” about 6 foot 4, more than 300 pounds and likened the man to the late New Zealand rugby star Jonah Lomu.

 

“He was that large that he had to force his buttocks between the armrests of the seats,” Mr Prosser explained.

 

During the January 2016 flight, Mr Prosser said he had to sit “with his knees wedged against the seat in front and the rest of his body was over spilling into my seat by some inches.”

 

“I was immediately aware that this was going to be problematic for me and I could feel the weight of his pure bulk putting lateral pressure on my upper body. This forced me into a position of unnatural posture,” the UK’s Press Association reported him as saying.

 

Mr Prosser, who is 5 foot 3, says he suffered nerve damage and a pelvic injury which has resulted in a permanent spasm in his back.

 

He is now seeking damages for loss of earnings as a result of the injuries he said sustained from the flight.

 

However, British Airways has rejected Mr Prosser’s claims, saying he “did not display any signs of injury” when leaving the flight.

 

Chris McLindon, the customer service manager on the flight said that Mr Prosser was asleep during the flight and did not appear to be in discomfort.

 

"I regularly walked down the aisle and Mr. Prosser was not sat in an unnatural position for an economy seat," Mr McLindon.

 

"When Mr. Prosser left the aircraft, I watched him walk down the jetty in a perfectly normal manner and showed no signs of injury."

 

The BBC reported that British Airways deny the claims made by Mr Prosser.

 

The trial continues.

 

 
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-- © Copyright Thai Visa News 2018-11-17
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I don't believe the "injuries suffered from an unnatural position" - this is a common ploy used by social insurance fraudsters claiming invalidity because of back aches. As of today, there is no medical way to disprove that claim.

 

But what I do believe is that Mr.  - errrmm - "Prosser" didn't receive his fair share of space he booked with his seat, he should be compensated for that.

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when you get these very large people that do not fit into a normal seat they need to be allocated 2 seats so they do not impose on their neighbouring passenger. I have had it happen to me and had to ask the passenger to occupy their own space, I have a damaged spine and cannot twist, the fact they were leaning into/over flowing into my space was causing a lot of problems for me as I was unable to sit straight I ended up having to complain to the hostess and they eventually moved him to a different seat. While it may be unfair to larger passengers there should be a weight/size limit for seats so other passengers are not imposed upon, long flights can be very taxing on people especially if they cannot sit comfortably.

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Mr Prosser said he would be injured if forced to sit next the obese passenger.

So he claims crew ignored him, now its payback time he thinks, i will show them.

Made up injuries, makes up stories thinking theres money to be made out of this.... Fraudster.

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20 minutes ago, CharlieH said:

May be they should charge people based on weight as some airlines already do ! (apparently), they could allocate seating/position the same way.

 

https://www.washingtonpost.com/blogs/she-the-people/wp/2013/04/03/airline-charges-for-weight-of-bags-and-humans/?noredirect=on&utm_term=.5534498f9e98

 

 

Does that mean it would cost me less if I weigh less than you do?  Because I have a feeling it would be "overweight costs more, thin doesn't get you a discount."  I mean, if we're going to get this nitpicky, I should at least get extra weight for my carry-on or something until I meet the weight of the "average" person they'd probably be charging me for...

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Spinal problems often manifest the next day, particularly when caused by an imposed posture. Once flying Air France I was seated between two very large Dutchmen, the cabin crew let me sit in the galley.  

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3 minutes ago, Katia said:

Does that mean it would cost me less if I weigh less than you do?

As per those airlines, they pay more so by comparison you pay less than they do.

 

If you read the article, people pay around a dollar a kilo.

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37 minutes ago, seajae said:

when you get these very large people that do not fit into a normal seat they need to be allocated 2 seats so they do not impose on their neighbouring passenger. I have had it happen to me and had to ask the passenger to occupy their own space, I have a damaged spine and cannot twist, the fact they were leaning into/over flowing into my space was causing a lot of problems for me as I was unable to sit straight I ended up having to complain to the hostess and they eventually moved him to a different seat. While it may be unfair to larger passengers there should be a weight/size limit for seats so other passengers are not imposed upon, long flights can be very taxing on people especially if they cannot sit comfortably.

I've experienced very large passengers in the next seat but luckily never to the extent shared above.

 

But it makes me wonder why airlines aren't much more prepared for things like this. After all the average sized person who has now been inconvenienced and must sit very uncomfortably for a long flight surely has every right to be annoyed and upset and is there a case to say that airlines should be better prepared on all flights  for this scenario.   

 

Would you object to a question in the booking details about your ability to sit comfortably in one standard seat? Or perhaps some better wording. I wouldn't.

 

 

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54 minutes ago, Bluespunk said:

Yet another reason to never fly economy again. 

Agree.

A quid for quid comparison of 'then and now' shows a passenger who splashes out on a nice seat, with all the pampering and fine wines, is still ahead financially, than paying for economy in the 1970s and 1980s. So if you want to fly steerage, suck it up, or stay home.

Having said that, SYD to BKK (9 hours) in economy is entirely bearable if you're not morbidly obese, although an aisle or empty seat adjacent, helps. 

This guy, according to the story "knew" he was going to be "injured".

Muppet is having a laugh, wanting a free upgrade, and spitting chips when not forthcoming.

The crew should have just helped him out -and upgraded the fat bloke, 555.

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56 minutes ago, manarak said:

I don't believe the "injuries suffered from an unnatural position" - this is a common ploy used by social insurance fraudsters claiming invalidity because of back aches. As of today, there is no medical way to disprove that claim.

 

But what I do believe is that Mr.  - errrmm - "Prosser" didn't receive his fair share of space he booked with his seat, he should be compensated for that.

 And what I don't believe is that purser could remember so much detail a year later.

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As with carry on baggage, if your arse doesn't comply with airline volume/dimension guidelines, it shouldn't be allowed on the aircraft.  Now, if you've paid for 2 seats, to compensate for your......robustness, waddle aboard...

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41 minutes ago, CharlieH said:

May be they should charge people based on weight as some airlines already do ! (apparently), they could allocate seating/position the same way.

 

https://www.washingtonpost.com/blogs/she-the-people/wp/2013/04/03/airline-charges-for-weight-of-bags-and-humans/?noredirect=on&utm_term=.5534498f9e98

 

 

Should have body weight plus luggage allowance.

 

You weigh more, you take less. 

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14 minutes ago, scorecard said:

 And what I don't believe is that purser could remember so much detail a year later.

And what I know from experience, and 'mr. tiny tears' own admission, is that he was whining like a Pratt & Whitney engine from the start.

So he would have been watched (and likely remembered) by the Manager, as the crew, believe it or not, have a duty of care, they are there for your safety, comfort -within reason- and health, at all times, not just in emergencies. 

 

Should obese people have to buy two seats or and upgrade? Yes, they should, but, the practicalities of that with a fully booked aircraft and them 'failing the test' at check in, are unworkable.

Should airlines be more generous with seats? Perhaps, but remember this; the guys up the front actually SUBSIDISE the cheapo economy seats.

We're all getting, even down the back, a pretty miraculous slingshot across the world, and yet everyone wants it for the price of a night in a two star short-time hotel. Given everything that goes into your flight, its just not realistic.

To the fantasy punters I say this: Pay up, or shut up.

 

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50 minutes ago, Bluespunk said:

Should have body weight plus luggage allowance.

 

You weigh more, you take less. 

Agree... and excess weight should be charged extra.

 

I'd go as far as to say you should advise your total weight (incl. expected total baggage) when you book, and tickets priced per kg.  Anything over (or under) should be charged (or discounted) at check-in.

 

Also, airlines should provide a limited number of extra-wide seats, and extra length seat pitch (e.g. incl. emergency exits)

Extra wide people should be forced to buy a wider seat to avoid the problems of squeezing their fellow passengers - if they don't advise at the time of booking then they must pay an additional premium at check-in if there are wide seats available, or forfeit their flight (without refund) if there are no spare wide seats available.  Likewise, extra long/tall people should book longer seat pitches if they want the extra legroom (which many airlines do now allow) - unless they are happy to sit with their knees by their ears - at least they're not troubling their fellows.

 

Every extra kg of weight costs additional fuel (which itself weighs extra on takeoff), so a cost per weight is a reasonable argument.

Similarly, if they were to provide a couple of rows of 9 seats, rather than 10, (or a 33 inch seat pitch vs. a regular 30") then they are losing 10% of carrying capacity, so a 10% uplift in price is again reasonable...

 

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It's a tough one, sat next to one of these super obese, or morbidly obese people you would have to be constantly leaning to one side, which for 12 hours could easily cause a back injury, I always pray I'm going to get a skinny guy or  girl next to me, it really does make a difference. Always get an isle seat.  When are airlines going to wake up and start weighing passengers with their luggage? I weigh 70 kilos, why should I have the same luggage allowance as someone weighing 140 Kilos? Economy should have several 'obese seats', for which a surcharge of course should be paid.

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2 hours ago, Happy Grumpy said:

????

 

If someone is too large for one seat, and 'spills' over into the surrounding seats, they should be made to pay for them too. Common sense, really. 

...but spare a thought for when said passenger only has hand luggage/nothing in the hold while their alleged 'victims' turn up fully laden with no such concern for anyone else.

Image result for excess baggage

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1 hour ago, Small Joke said:

<snip>

 Perhaps, but remember this; the guys up the front actually SUBSIDISE the cheapo economy seats.

<snip>

 

Business class is not subsidizing economy by much...

Typical economy seating plan might be 10 seats across at say 30" pitch.

Business class with lie-flat pods, might be just 6 seats across at around 72" (or more) pitch.

Do the maths, and you will see that business class contains around 1/4 of the passengers that economy can accommodate.

Typical BC ticket prices are usually around 3-5x economy, so the additional price is reasonable for the additional space required.

 

OK, I accept that one BC passenger (even with additional luggage) actually weighs less than 4 economy passengers, and so requires less fuel. 

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I have to add myself to the list of experiencing this and I have a history of intermittent back problems. I've got quite broad shoulders that takes up the full width of the seat and the very large guy was in the middle seat and I was in the window. It didn't take long (shortly after takeoff - about 40mins) with me leaning at an angle against the window/fuselage that I started feeling my muscles tightening up and soreness developing. I had to speak to the head steward and explain that if I had to sit like that for 8 hours, I would be in significant pain well before the end. I got moved and thankfully so. I think the overweight guy was thankful as he was able to sit over the two seats comfortably and I bet the isle guy was thankful as well. I didn't blame the large guy or the crew, I just stated my concerns. Within a couple of hours of being able to sit flat against the back of the chair, my back settled back down again. If I wasn't moved, I think I would have stood next to the emergency exit/galley for most of the flight than the inevitable back pain that can easily take me our for a week +. This was on a Thai flight. 

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2 hours ago, lordblackader said:

Good. Fatties should be forced to buy two seats. 

In a seance I agree with you...

But obesity could be a hereditary or a medical problem, would not making them pay for two seat be discrimination?

And then look at the budget airlines, set the goal posts so low that most passengers will have to fork out more for being in their opinion "fat".

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