Legal Question in Consumer Law in California
Hello, i need some advice, as I've never sued anyone before. Back on September 30th, I was on a flight from Dallas TX, to Los Angeles. I'm relocating here for school, and work, temporarily for about 3 years. As It was a connecting flight all the way from Philadelphia. I've never flown across the southwest, and i requested a window-seat for view, mountains, desert etc. As I made my way to my window-seat a "plus size" woman was in the seat next to mine. She asked me in a polite tone if she was cramping me and if I needed more space, I was actually fine and said no, i'm okay. She however, said that she didn't mind and there were at least a dozen open seats in the center of the aircraft. I said only if you want ma'am. So approximately 5 minutes later, she asks an extremely nasty male flight attendant if she could move to give this gentleman more space, referring to me. As she's saying this I was actually looking out of the window, i then here in a loud, obnoxious voice, this ignorant animal say, "what's wrong didn't shower today or something?'' I turned to look if this ridiculous thing was being said to me, and it was! I got the degenerate's name and employee number and complained at LAX. I also filed a formal complaint with American Airlines over the phone, which they're currently "investigating." I opened a BBB complaint as well about this matter, and time is dragging on. It's been nearly a week and i want satisfaction. Could someone please instruct me, how and what to sue for? This incredibly offensive remark was said to me loud enough to make the "plus size" woman blush and several people surrounding us heard it and were shocked. I'm a clean, educated man, not someone that's used to being insulted like that. I believe it falls into the category of defamation or slander, or perhaps some sort of harassment? I'm not sure, my education is in marketing. I want to sue, asap. Thank you and if you're in the Los Angeles area and want to take this case, I'll provide contact information wherever I can on this site. Thank you.
2 Answers from Attorneys
I am sorry you had to suffer the all too common rude flight attendant.
Based on the facts you provide, my opinion is that there is no defamation or any other tort and you would have no case.
Additionally, as it is airlines related, you would be subject to federal law, which has further requirements.
I am sorry that you went through this, but my opinion is that you did not describe any conduct that would give rise to a legal claim. You can certainly complaint to the BBB, the FAA and the airline to see if you can get some measure of satisfaction. However, I don't think this belongs in a court of law.
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