Harassment, Stalking, Misconduct Verbal assault on a 2 year old - need help.

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nycneedhelp

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Hi, i need help. myself and my family along with our 2 daughters travelled from asia to US and we had to take a 14 hour flight from dubai to newyork. once the flight stopped in new york, my 2 year was singing some rhymes loudly and the guy who was sitting in the seat opposite to ours, stood up and bent towards my 2 year old and screamed loudly on her face. initially we did not understand what was happening. then later he said that he was frustrated of her shouting through out the journey and he let it out like that. needless to say my 2 year old and even my 8 year old was so freaked out, that they just went into a mental shock almost for 10-15 mins. everyone in the flight, started cursing that guy for doing such a shameful act. and they told me to press charges on that guy and gave them their business cards just in case if i needed witness. Ironically the guy who yelled at our child, did not even complain once, and if he had done that, we could have changed seats since the flight was empty. Once we got out of the flight, he was held by the airline crew and the cops were called. cops came and took statements from both of us and wrote a report and gave it to me and said that the guy cannot be arrested, since he did not touch the child. my question is what kind of legal action I can take against this moron who yelled at a 2 year old's face . i really feel frustrated and helpless that the guy walked off without any charges. I defenitely would like to pursue legal action against this guy and myself and my wife along with others in the flight that day feel that he requires some help. please guide me. I do have the report given by the cops with me and not sure how to proceed further. still my children are shaken and hopefully they can sleep well,, which I doubt, and am sure they are going to have nightmares of this incident. Should there be charges only if the person touches the child? what about the mental trauma that happened to the child? is that not of any importance. please help. thanks.
 
I actually have some sympathy for the guy who had to endure your child's singing. . .

I think you should just drop the case. Yah, he should have complained to you first, but you need to be aware at how damn annoying children can be on flights. . .
 
As a father of 6 I sympathize with you and I'm sure it was difficult for him too. But what you want is punishment. The guy shouldn't have done what he did but he didn't do anything that the law will punish. There is nothing for you to do. He didn't do anything actionable.
 
I have to agree with the others here, there does not seem to be any criminal or civil action that can be brought. The man acted in a boorish manner, but some people just are not tolerant of small children. I personally make a habit of taking one for the team when I fly and taking a seat near small children so others will not have to ... I am used to them as I have three of my own and I am rarely annoyed by them.

Sorry, but there's just no crime or tort I can see here.

- Carl
 
i just have one question to everyone who has favoured the other guy in this case? How would you feel if this was done to your 2 year old child? how would you feel seeing the child's face so scared, after the guy (who is a complete stranger to the child) who was 60 screamed at the child's face? my daughter would not even dare to get into the next flight after this incident? how can you justify this? I am not believing my own eyes that people have written in favour of this jerk who yelled at 2 year old face in a point blank range. unbelievable.
 
nycneedhelp said:
i just have one question to everyone who has favoured the other guy in this case?
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You asked for a legal response. Legally, what he did was not a crime. It might have been rude, but it was not criminal nor does it give rise to a civil suit.

All the people here have said was that they can sympathize with the man's frustration at having to put up with a small child's relentless singing. Some people cannot tolerate this, even I can understand it. I would not condone of someone making such a scene, but I can understand the desire to respond in such a way.

No one here condoned the man's actions. But, there is nothing you can do about it at this point.

- Carl
 
I sympathize with you for what happened. If I were him (it wouldn't have bothered me because I have kids) I would have moved to another part of the plane. He was rude and obnoxious for sure. I can't imagine a man his age screaming in the face of a two year old. That having been said, rudeness isn't a crime and while you COULD sue him there is no real damage to sue him for. Sorry.
 
If the statue distinguishes between assault and battery then technically there could be an assault with the child as a victim... but it would never be filed on.
We all understand your frustration over the situation, but the best solution is to let it go. Some people out there are just jerks and there isn't much we can do about it sometimes.
 
mightymoose said:
If the statue distinguishes between assault and battery then technically there could be an assault with the child as a victim...
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Through the use of words??

I would be VERY surprised if speech were considered "assault."

The guy was a jerk, but as you said, that's not a crime.

- Carl
 
Agreed guys. I bow to all of your wisdom. I think I will let it go, but I am not sure if that jerk learnt his lesson. If not now, if he keep losing his temper on the children, he will eventually learn it. No doubt abt it. Thanks for all of your time. I guess this is the end to it.
 
CdwJava said:
Through the use of words??
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Ya, I know. I was trying to picture it as if I was there. I see furious, red, angry guy on my right... innocent little kid bawling on the left. The poster didn't say if the kid was actually touched at all. I would have been looking for any petty reason to hook him up... let the DA reject it later.
If this had happened on the other end of the flight in Dubai then the dude probably would have received an immediate public flogging.
 
Ras, I don't care how annoyed someone is, screaming in my 2 year old's face will probably end in assault and battery: Theirs! I would keep my child more quiet, but nothing excuses getting in the child's face. Cuss out the parent, fine. Scream at my child? I don't think so.
 
Unfortunately, the yelling is more than likely legal - the assault and battery would not be. Though, New York might have some kind of verbal harassment code section that MIGHT apply if the issue were pushed. But, as it is now, I think it is over and done with.

- Carl
 
Not to continue , but to add more facts, the child was only crying during the descent of the flight, because of ear pain due to rapid drop in altitude. I am not boasting, both of my children are very well behaved in public and thats how we have bought them up. Also someone asked me, if the moron touched my child at all and no he did not, but it was not a quick scream at her, it was like 15 seconds of continous screaming on her face loudly and so closely, that the child kept quite for a while getting scared. people around could not understand what was really happening. my problem is not getting justice for my child, my problem is these kind of jerks should not be let around the kids if he cannot take up childrens behaviour. He should fly business class or in his own jet if he cant take up these things in economy class, and to me the worst part was he did not peep a word telling us that things are bothering me for us to take some action either to move to a different seat or consoling the child. If this moron who is 60 years old is frustrated due to 14 hours journey, how much frustrated the 2 year old can be. I just cant understand how insane people like this can be allowed to fly. What happened to my child can happen to anyone's..just adding my 2 cents..
 
Now I'm going to call you out. Your story keeps changing which makes me doubt the whole thing.
once the flight stopped in new york, my 2 year was singing some rhymes loudly and the guy who was sitting in the seat
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Lady, you should have stopped while you were ahead. Sure a child can do both, but it is conspicuous that you didn't use the pain her her ears in the first story until you didn't get the sympathy that you anticipated. Your changing story is suspect.

The guy shouldn't scream in the face of a two year old period. If he had a problem it should have been with you. But stop changing your story to get sympathy and support. I think your question is answered: You have no legal recourse.
 
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Having been in the airline industry for almost 15 years it doesn't surprise me a bit that the story would keep changing. A passenger complains. They find out that there is nothing that can be done with their complaint. They change the story.
 
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