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re: Just when I thought American Airlines could not sink any lower...Child porn is 9yo's fault

Posted on 5/22/24 at 9:54 pm to
Posted by Cell of Awareness
Member since Jan 2024
219 posts
Posted on 5/22/24 at 9:54 pm to
quote:

That's an iPhone taped to a toilet lid. You know it. I know it.

A jury would know it.

That fact doesn't absolve the flight attendant or American Airlines. It was a reprehensible act.

That fact doesn't mean that the victims deserved to be videoed. They certainly did not.

But that fact does mean that at some age, perhaps 9, probably 14, certainly 34, the females should have recognized that an active and illuminated iPhone was taped to a toilet lid, and that it was not prudent to use that toilet.


You are looking at a picture in a different context than a 9 year old going to pee. You are probably a virgin who does not know the difference between boys and girls but girls sit to pee. And if she rushed in she might not have given the toilet more then a quick glance., It is asinine and ignorant to have included this. This firm will lose business and whomever filed this will lose a job. And they should. For a f--king 9 year old such an argument has not and never will work. Therefore it is NOT a reasonable or potential defense.
Posted by Trauma14
Member since Aug 2010
5874 posts
Posted on 5/22/24 at 10:09 pm to
Lawyers for insurance carriers are literally retarded. You have to be to represent scum.
Posted by dinner roll
buttery goodness
Member since Feb 2006
6367 posts
Posted on 5/22/24 at 10:34 pm to
Lawyer here. It’s malpractice not to include an affirmative defense of contributory fault. But I can’t imagine making this affirmative defense without hard information to back it up:

quote:

“knew or should have known” that the lavatory contained “a visible and illuminated recording device.”


If anyone on my team made that defense they had better have some real facts to support it. If they just threw it out there without something to back it up, I’d have that attorney’s stuff packed in a box and waiting on the curb for pick up. Believe it or not, some of us aren’t soulless.



Posted by boosiebadazz
Member since Feb 2008
80545 posts
Posted on 5/22/24 at 10:48 pm to
quote:

and a minor didn't file this suit, if the perv is guilty of being a perv he should be criminally charged, but the first move on the board is positioning for a money grab


Imagine what we wouldn’t know about the Catholic Church if the victims followed your advice and didn’t file a civil suit and engage in the discovery process
Posted by Juris Dawg
Jacksonville
Member since Jul 2010
127 posts
Posted on 5/22/24 at 10:49 pm to
I’m general counsel for a medium sized company, but even with our Fortune 100 insurance companies, I pick who defends us and I review every answer before it’s filed. I have never and will never allow blaming a minor as that has never once played well to a jury (unless we’re talking about a 16/17 yr old committing an intentional act).

American Airlines is much much bigger, so I’m sure their GC didn’t review, but someone employed by them did and that person and this law firm will not be working for American again. You handle this by immediately firing the offender and fully cooperating with law enforcement while settling with the victim’s family.
Posted by boosiebadazz
Member since Feb 2008
80545 posts
Posted on 5/22/24 at 10:53 pm to
It’s plainly visible in the picture in this thread so I get the outside lawyer pleading comparative fault. But the upside of including that and maybe getting to argue comparative fault of the child versus the downside of the PR of doing that needed to be made at the C suite level of AA. And as the outside lawyer, I’m getting their decision in writing
This post was edited on 5/22/24 at 10:54 pm
Posted by dinner roll
buttery goodness
Member since Feb 2006
6367 posts
Posted on 5/22/24 at 10:53 pm to
This.
Posted by Jim Rockford
Member since May 2011
98650 posts
Posted on 5/22/24 at 11:02 pm to
quote:

If anyone on my team made that defense they had better have some real facts to support it. If they just threw it out there without something to back it up, I’d have that attorney’s stuff packed in a box and waiting on the curb for pick up. Believe it or not, some of us aren’t soulless.


Some 28 year old at his/her first job working 100 hour weeks a BigLaw firm, trying to get noticed. Has been engaged in cutthroat competition literally since kindergarten to get where they are now. Wasn't taught, forgot, or disregarded any training in morality or ethics. Has been told they're special by every teacher, parent and authority figure.

Someone like that would make this argument and not only think it's ok, they would expect to be commended for it. And maybe they were, because it made it into a document which presumably was signed off on by a more senior attorney.

At any rate, I not only could see this happening, I will say it should be wholly expected.

Or maybe an AI bot did it.
Posted by liz18lsu
Naples, FL
Member since Feb 2009
17366 posts
Posted on 5/23/24 at 2:30 am to
quote:

You don't have to look for the iPhone recording you in the airplane bathroom. You don't have to sweep the storage closet restroom for video taps. The regular-sized iPhone is sitting right there in front of you.

It is taped to the toilet lid.

It is affixed with a sticker that says, "SEAT BROKEN" and "REMOVE FROM SERVICE."

It has the light on.

Are you still going to expose yourself to use the toilet?


After sitting in my seat for hours, and being NINE YEARS OLD, yeah, I'm likely just going to sit and pee. WTF is wrong with you?
Posted by Tasseo
Member since Feb 2024
1113 posts
Posted on 5/23/24 at 4:58 am to
quote:

Just when I thought American Airlines could not sink any lower...Child porn is 9yo's fault
quote:

airline’s attorneys suggested that the girl who was allegedly filmed in an airplane bathroom “knew or should have known” that the lavatory contained “a visible and illuminated recording device.”

No matter the age, NO ONE should expect this to be a possibility. No excuse at all. Lawyers really are scum if they believe this was a legit argument. Not even a "throw at the wall to see what sticks" argument.
Posted by Salviati
Member since Apr 2006
5657 posts
Posted on 5/23/24 at 3:16 pm to
quote:

I am in my 40's. I would never think to look for a phone recording me on an airplane bathroom. I didn't do anything wrong, I am just using the restroom. My failure to sweep the storage closet restroom for video taps is not my problem.
quote:

You don't have to look for the iPhone recording you in the airplane bathroom. You don't have to sweep the storage closet restroom for video taps. The regular-sized iPhone is sitting right there in front of you.

It is taped to the toilet lid.

It is affixed with a sticker that says, "SEAT BROKEN" and "REMOVE FROM SERVICE."

It has the light on.

Are you still going to expose yourself to use the toilet?
quote:

After sitting in my seat for hours, and being NINE YEARS OLD, yeah, I'm likely just going to sit and pee. WTF is wrong with you?
When you first posted, you were in your 40s, and you would never think to look for a phone recording you on an airplane bathroom.

Now you're taking the position of a nine year old. Of course, you have to take the position of a nine year old because you can't argue that a 40 year old would miss the illuminated iPhone. You'd be a moron if you continued with your position as a 40 year old.

However, at no point in this thread did I state that a nine year old is even partially fault. AGAIN, I merely said that there is an age when a person is old enough to realize that an illuminated iPhone has been taped to a toilet lid, and that should make one question whether to use the toilet.
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