Alaska Airlines overserved my female friend alcohol on BURBANK

APRIL 2024 US DOT UPDATE to AIRLINES RULES
https://www.transportation.gov/briefing-room/biden-harris-administration-announces-final-rule-requiring-automatic-refunds-airline

Under the rule, passengers are entitled to a refund for:

Canceled or significantly changed flights: Significant changes to a flight include instances where passengers are downgraded to a lower class of service.

" If the scheme of federal aviation law does not pre-empt state actions for vendor liability and there are no remedies available under the FAA regulations, in order to recover against an airline a plaintiff must prove negligence based on either a common law or statutory cause of action. The service of alcohol to someone becomes the proximate cause of an injury if serving the liquor is a "substantial factor" in causing the injury..."Bowe, Catherine Stone "May I Offer You Something to Drink from the Beverage Cart: A Close Look at the Potential Liability for Airlines Serving Alcohol" Journal of Air Law and Commerce Volume 54 Issue 4 Article 5 1989

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Clearly, I have no claim:

"The Airline Deregulation Act of 1978 grants an airline immunity from any liability arising from the airline’s choices in connection with “routes, rates, or service.” “Service” includes drink service. That means that when a drunken passenger injures his fellow traveler, the airline who served the offending passenger cannot be held liable. Gee v. Southwest Airlines.

But... what about the victim who was overserved?

For the intoxicated victim who was physically injured, liability generally can be based on serving alcohol to someone who is obviously intoxicated...

.... and suits from the intoxicated person themselves against the host or servers are not out of the ordinary...

Alaska Airlines (and any reasonable person) would know:

-- serving 2 DOUBLES to a small female on a 2 hour flight would have led to over intoxication ...

... especially after specifically serving excessive alcohol while stating that act was compensation for NOT having pre-ordered FOOD...

Federal law prohibits passengers from consuming alcohol aboard a flight that is NOT served by a flight attendant!

This is entirely the fault of Alaska Airlines!

It was a breach of contract that ended in damages, but that doesn't matter to them...

Thanks for reading!

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==== THE STORY

I took my sister-in-law on a trip after her wedding in 2022.

This was the only 1st class flight taken in our life... and I maxed out my credit cards to pay for it.

Alaska flight attendant stated the pre-ordered food didn't arrive, but she would serve doubles instead of singles and everyone should drink up.

My sister-in-law is a tiny person and was given too much alcohol in such a time period.

On arriving I noticed she was still intoxicated but able to make it to the tram.

After getting off the tram to go up the escalator, she fell over backwards and couldn't get up.

She injured her hand and was bleeding.

My other friend and I helped her up.

I bandaged her injury and took a taxi home to re-examine.

I contacted Alaska and they sent her a $150 coupon, and me, who spent $4500.00 on the tickets?

Nothing!

They wanted the victim to file a complaint, even though I clearly filed the complaint for her.

Compensation?

Nothing!

Alaska's insurance underwriter decided to play by the books and refuse accountability, and repeatedly stated we deserve nothing unless we sue them.

Later, after another 2 hr flight from SEA-LAS, I was given $150 coupon for complimenting the flight crew and stating the loud children didn't bother me ... ??

Make it make sense, Alaska...

Here are the communications after I filled out the online Alaska Listens form:

--------------------------- RESPONSE: ALASKA CS

August 4, 2022

Dear Christian,

Thank you for sharing your feedback regarding your flight from Burbank to Seattle.

It's our goal to make sure every trip you have on Alaska goes smoothly. The best way for us to do that is hearing from you.

I apologize for the late reply and I am very sorry to read what had happened to ****. I want to assure you that your feedback will be shared with our inflight team for review.

With regard to alcoholic drinks served on board, our Flight Attendants are trained to monitor the passengers behavior and if they notice any signs of intoxication, the Flight Attendants will no longer serve any drinks to that individual.

I apologize that our Flight Attendant did notice this sooner and I am sorry that this lead to her being injured after getting off the aircraft.

To make it up, we've included a Discount Code for **** at the bottom of this email for future travel on Alaska. To use the code, go to alaskaair.com/planbook and enter it into the discount code field on the right side of the booking form.

Your discount is valid for ticketing for one year and is good for travel between any of the +115 destinations operated by Alaska Airlines. This discount is limited to a single reservation and only one discount code can be used per reservation. Complete discount code rules and restrictions can be found online at alaskaair.com.

*****, Discount Code ECSR150*********, in the amount of $150

I hope that you will accept my invitation to join us on another flight. I'm confident that we will once again live up to your expectations.

Sincerely,
John K.
Customer Care Representative

--------------------MY REPLY ---------------------------------

Thanks for the reply.

I'm not an attorney but I have been a pro se plaintiff in circuit courts, both State and Federal, and I do intend to pursue this matter to relief and satisfaction.

I paid for 3 first class tickets totalling $4500 ($1500) each.

The offer of a $150 coupon for ***would be 10% of one ticket.

To me, this implies the amount of liability that Alaska feels proportional to the incident.

The injured parties here are not just ****, but all traveling companions on tickets I paid for -- and all injuries solely due to the extent of the reckless and intentional acts by Alaska overserving a small girl copious amounts of alcohol while flying from California to Washington State.

I did not ask for anything on the flight and consumed nothing.

My other passenger companion Molly did not overconsume and is a larger female than ****.

She was right behind ****when the incident occurred at the airport.

I was across the aisle and could not see how much *** was being served or I could have stopped this. I should have sat next to her but I wanted the two girls to sit together as they are friends.

Not only was ****injured, but ***and myself suffered emotional distress from these actions by Alaska, and I had to increase my medication and still suffer nightmares about the incident.

I rarely go outside the house to travel since my traumatic brain injury accident in 2020.

I cannot merely accept $150 as compensation for what Alaska did.

I would like the entirety of the purchase refunded and $10,000 in damages.

I think that is fair.

Forward this to counsel and we will settle this matter.

Regards,

/s/ Christian

------------------------------- MY ADDITIONAL REPLY

"Your discount is valid for ticketing for one year and is good for travel between any of the +115 destinations operated by Alaska Airlines."

The discount is ... for ****. Not for me.

You didn't state that only ****qualified to redeem the coupon.

So, Alaska wants her to travel again, cheaply, on Alaska, one way, somewhere? After what happened? By herself?

You know she is on disability? SSDI?

I was trying to show her the best time of her life flying first class the first time ever.

Alaska did not provide the service I paid for in full.

What is the issue here? Just give me my money back!

I just spent more money on my brother's birthday, buying tickets, which is what I asked for as a settlement to this matter.

Three round trip coach tickets SEA-LAS for his birthday Dec 1

Alaska denied me that. ***won't travel alone. This was the last chance to get us three together.

It is also the year of my 40th birthday, on December 24th.

We both have December birthdays.

Basically the trip would have been ~800$ in tickets and instead I am offered nothing.

****doesn't want to go anymore because she is scared of Alaska.

I know this is corporate and some legal counsel getting away with this terrible profit guided greed, but to not even care at all shows a lot about how much Alaska cares about the employees that are trying their best to do their jobs,

To not even try and reach out, over months, is typical now and I guess always was.

I just never experienced it, I guess. First time for me being ripped off by a company.

Here is my next trip. I know I will enjoy it but my brother better really have fun.

This is for him.

We paid in full, again.

Christian Seat: , Class: X (Coach)

****Seat: , Class: X (Coach)
Mileage Plan # *****7730
Ticket 0272307857849
Base fare and surcharges $174.88
Taxes and other fees $42.32
Per-person total $217.20
Total charges for air travel $434.40

Regards,

Christian

----------------------------- Underwriter Insurance reply

Nov 10, 2022 at 9:56 AM <@usaig.com> wrote:

Please see attached correspondence from Maura L. Walsh, Esq.

Kindly respond directly to Ms. Walsh.

Thank you,

Claims Assistant

------------ MY REPLY

[[I read the reply and let them get away with stating that **** had to file a claim for them to listen... i didn't like that, but I told them I would ask **** and then gave them the information to contact her and the other witness when i got consent:]]

"Hello,

I contacted ***** and ****, and both agreed to share their contact information.

Please contact them for more information.

They sat together on the plane."

------------ Insurance Underwriter reply

Sent: Monday, November 14, 2022 12:14 PM
To: Christian
Cc: @usaig.com>
Subject: RE: Letter - Rosie Stahl - AI132 [External]

Dear Mr. Dorsett,

Thank you for your response.

Should Ms.*****decide to make a claim, we will respond to her directly.

Best regards,

Maura Walsh

-----------------------

Yes, you read that correctly!

The disabled person who has SSDI income has to get her own attorney, instead of just being compensated fairly when her brother-in-law tries to stand up for her rights.

**** was embarrassed and humiliated and Alaska was at fault... so they avoided liability by taking further advantage of the victim.

It still makes me mad, so May 2023 I reminded them and got this reply

------------------ REPLY 1: ALASKA CS

May 30, 2023

Dear Christian,

Your email and this case were forwarded to me for further handling. Thank you for email and sharing your comments and concerns with regard to your travel experience in May of last year.

It's our goal to make sure every trip you have on Alaska goes smoothly. The best way for us to do that is hearing from you.

I would like to contact you directly to discuss this matter with you in further detail. Kindly advise me your telephone number and the best time to reach you.

Christian, it is my hope that your future flights with us will reflect the high level of service you have come to expect when traveling with us. We value your patronage and look forward to welcoming you aboard another Alaska flight soon.

Sincerely,

-------------------------

Thu, Jun 1 2023

Dear Mr. ,

We understand that you reached back out to Alaska customer service on 31 May 2023 about Ms. **** alleged experience and your request for reimbursement for the ticket you purchased on her behalf.

We are responding on behalf of Ms. with whom we understand you were most recently corresponding.

As stated in our previous correspondence, Ms. **** was provided with a discount voucher as a gesture of goodwill on behalf of the airline for her alleged experience.

Unfortunately, we cannot compensate you for your claims on her behalf regarding this flight. We have closed our file.

Best regards,

Maura Walsh

--------------------------

Conclusion:

Instead of hiring an attorney and filing this valid claim against the airline for overserving alcohol, we asked for the airline to be fair, and avoid the courts... and the court of public opinion.

THE END!

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Alaska Airlines overserved my female friend alcohol on BURBANK - SEA in May 2022

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