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Child at fault for being recorded in restroom?

Ranb

Penultimate Amazing
Joined
Jul 25, 2003
Messages
11,475
Location
WA USA
American Airlines claimed a child was at fault for being secretly recorded in a restroom. It’s now changing its response
https://edition.cnn.com/2024/05/22/...s-child-restroom-recording-lawsuit/index.html
After American Airlines in a legal response blamed a 9-year-old girl for using an airplane bathroom that had a recording device allegedly placed there by a former employee, the airline now says it has requested that its law firm change its response.

The company was responding to a civil lawsuit filed against American Airlines claiming the girl, listed as Mary Doe, was “secretly filmed while using the airplane toilet” during an American Airlines flight in January 2023.

The incident involving the 9-year-old occurred during a flight from Austin, Texas, to Los Angeles, California, the lawsuit states.

American Airlines initially argued that the girl was at fault and negligent because she used a lavatory “she knew or should have known contained a visible and illuminated recording device.”
Who was in charge of American Airlines that day? Ted Cruz?

Ranb
 
I have a feeling this was one of those situations where lawyers tend to throw every conceivable argument on the table because you never know when a judge might decide a counter-intuitive argument is actually legally valid, and you miss 100% of the shots you never take after all. The worst that happens 99% of the time is that the judge just dismisses the argument and moves on.

But come on now. Common sense, counsel.
 
"It's not like bad PR affects airlines, right? Right?.....Oh."

Somebody's updating their resume right now, I'm sure.
 
I have a feeling this was one of those situations where lawyers tend to throw every conceivable argument on the table because you never know when a judge might decide a counter-intuitive argument is actually legally valid, and you miss 100% of the shots you never take after all. The worst that happens 99% of the time is that the judge just dismisses the argument and moves on.

But come on now. Common sense, counsel.
It's over to the lawyers now. This is the **** they come up with. That's why you pay them the big bucks.
 
I can kind of see the reasoning, because this charming man was literally propping his iPhone up to record, with its illuminated screen in full view. One of his later14 yr old intended victims caught him by snapping a pic herself of the obvious phone. But I guess they didn't think through that there is a big cognitive difference between a 9 yr old and a teen.
 
I can kind of see the reasoning, because this charming man was literally propping his iPhone up to record, with its illuminated screen in full view. One of his later14 yr old intended victims caught him by snapping a pic herself of the obvious phone. But I guess they didn't think through that there is a big cognitive difference between a 9 yr old and a teen.

So this guy put his phone in the bathroom where it could be seen? He should get life in prison under the Federal Dumbass Statute!
 
I can kind of see the reasoning, because this charming man was literally propping his iPhone up to record, with its illuminated screen in full view. One of his later14 yr old intended victims caught him by snapping a pic herself of the obvious phone. But I guess they didn't think through that there is a big cognitive difference between a 9 yr old and a teen.

That's what I'm thinking.

"Your client saw the recording device and chose to proceed anyway. This implies both consent and complicity on your client's part. Their complaint now is disingenuous."

"Counterpoint: My client is a nine year-old."

"So what? I'm a lawyer, not a humanitarian."
 
"A reasonable person would have understood that they were being recorded and de facto consented. QED."

"My client believes in Santa Claus."

"Oh you apple biters are soooooo smug, aren't you?"
 

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