Common Complaints Against Airlines
Air travel is tiring enough without being used and abused by the airlines. If you suffered an indignity at the hands of an airline don't get mad or feel helpless, send a clear message this behavior will not be tolerated. Take your beef to Small Claims Court. With minimal cost, whether successful or not, you will come out a winner. Typically an airline will hire attorneys to prepare the case with costs exceeding $1,000 per claim in legal fees. While litigation should never be your first option, if you believe you have a legitimate claim, it is a viable avenue when all other options fail. Even if you lose the battle you can still win the war by making your point to the airline.
Accident/Injury
If you suffered a personal injury on a flight
you should consult an attorney and explore filing
your claim in Superior or District Court. In
most cases your case will require formal discovery
and necessitate the use of witnesses, including
expert witnesses to prove your damages. These
issues will be too complex to be heard in Small
Claims Court and, if you tried to file in Small
Claims, a motion to transfer would likely be
granted. In fact in most states claims for negligence
can't be heard in Small Claims. For domestic
flights various state and/or federal laws may
apply. If any leg of your flight is international
the Warsaw Convention and Montreal Convention
will apply as controlling law regarding injury
while in flight.
Bumped Oversold Flight
While overbooking is frustrating, it's not illegal.
Per DOT Part 250: a domestic air carrier can
overbook as long as passengers are asked to voluntarily
relinquish their seat for negotiated compensation.
The airline has carte blanched to negotiate.
So remember, unless the airline breaches the
agreement or commits malfeasance you are stuck
with your deal for better or worse. If you are
involuntarily bumped the airline owes you denied
boarding compensation within specified limits
defined by DOT unless you fall within certain
exceptions. If the airline refuses to pay the
proper amount or your costs exceed the required
limits you may want to consider Small Claims
Court as a viable option in lieu of Superior
or District Court.
Delayed/Cancelled Flight
When an airline fails to deliver you to your
final destination on time a breach of contract
occurs. The length of time, nature of the delay
and the airline's efforts to remedy the situation
will determine if you have a cause of action
and whether your best course is to sue in Small
Claims Court or Superior/District Court. An airline
is responsible for any delay caused within its
control. An airline is not responsible for events
outside its control--Acts of God or force-majeure.
The air carrier, however, must show there is
a causal connection between the uncontrollable
event and its failure to provide timely air transportation.
And, the airline must prove it acted reasonably
to reinstitute service once the event has passed.
Disabilities
The Air Carrier Access Act (ACAA) is federal
legislation designed to ensure that disabled
travelers have equal opportunity to safely enjoy
their flight. Disability lawsuits often involve
a request for injunctive relief, pain and suffering
and may include demand for punitive damages to
punish the airline for egregious behavior. These
types of claims are not heard in Small Claims
Court. Consult an attorney in your jurisdiction
as some courts don't recognize a private ACAA
action. Always notify DOT about any disability
discrimination by an air carrier as DOT will
not take action until there is a significant
aggrieved representative class.
Discrimination
If your complaint involves discrimination you
should consult an attorney. You may or may not
have a viable claim depending on the case law
in your state. There may be jurisdictional conflicts
in the interpretation of law that will make filing
in another proper venue better. You should file
your case in Superior or District Court. Your
claim will most likely exceed Small Claims Court
jurisdictional limits. You may want to include
an injunction in your claim to prevent the airline
from future similar acts. You can't sue for an
injunction in small claims. If the discrimination
is widespread you may consider a class action.
Incorrect Fares
If there is a discrepancy in the airfare price,
i.e. you were overcharged, and you can show that
this error or willful deception occurred you
are entitled to the difference in the ticket.
As the difference in the ticket will be within
most jurisdictional maximum limits, Small Claims
Court is a good option. You should also report
the incident to the appropriate authorities for
criminal action if fraud has occurred as well
as relevant federal agencies and consumer report
groups.
Lost/Damaged Luggage
On domestic flights the air carrier's General
Carriage of Service Terms generally limit liability
to $2,500 per passenger unless additional insurance
was purchased. If an international flight, under
the Warsaw Convention and Montreal Convention
the liability limit would be $9.07 per pound
with a total limit of $640 for a maximum of 70
pounds of luggage. Carryon luggage is limited
to $400 per person for international flights.
In addition, the air carrier may only pay the
depreciated value of the item or portion of replacement
cost if the damaged item can still be used to
some extent. Most disputes will fall below the
maximum limit in most states so Small Claims
Court is your best option.
Mileage Issues
If you have an average frequent-flyer plan that
earns free trips, upgrades, etc. the airline
in the terms of the plan will reserve the right
to make changes to the program at any time. Therefore
your miles if unused could be forfeit, have restrictive
dates, or service discontinued. In this case
you do not have a claim. If however, you have
exercised the miles that have been accepted by
the airline and the airline fails to deliver
you may have a claim. If you have a premium program
that requires a specific number of flights per
year or an annual renewal fee, you may have a
breach of contract claim. In any case, Small
Claims Court would be the appropriate venue.
Missed Connection Due to Delay
If you miss your connection due to delay caused
by the airline or misinformation provided by
an airline employee Small Claim Court is the
best avenue to reclaim your expenses as long
as your damages do not exceed the maximum jurisdictional
limit. If the delay is due to an act beyond the
control of the airline, such as weather, the
airline will not be responsible if it can affirmatively
show there is a causal connection between the
uncontrollable event and its failure to arrive
on time for your connecting flight. And, the
airline must prove it acted reasonably to assist
you in making your connection. You will want
to review the Warsaw Convention and Montreal
Convention for more information regarding international
flights.
No Refreshments or Hotel
Generally a domestic air carrier will not be
required to provide refreshments during a reasonable
delay or a delay due to weather. An airline is
not required to provide hotel arrangements, if
a flight is cancelled due to Acts of God or force-majeure.
If the delay or cancellation is caused by the
airline and the delay is significant Small Claims
Court is a viable option to recoup your expenses
due to the inconvenience caused. The delay must
be based upon an airline-induced event and the
action or omissions by the airline must be sufficient
to show the airline acted in an unreasonable
manner. Look for upcoming EU legislation regarding
air travel rights in Europe soon.
Denied Boarding
You may be able to file in Small Claims Court
if you are only claiming monetary damages. You
may be denied boarding if you 1) refuse to submit
to a security search of person or property; 2)
refuse to give or don't have proper identification;
3) your conduct is disorderly, abusive or violent;
4) are barefoot, can't fasten the seatbelt, intoxicated
or under the influence of drugs, interfering
with any member of the flight crew; or have a
concealed or unconcealed deadly or dangerous
weapon. If you are requesting pain and suffering,
punitive damages or bringing a civil rights,
disability or other similar claim you should
consult an attorney and file your claim in Superior
or District Court.
Pets
While we may think of our pets as one of the
family, both domestic and international law,
categorizes pets as luggage for purposes of air
travel. Any death or injury to a pet during air
travel is subject to the limits and liability
placed upon damaged and lost luggage. There may
be exceptions for insured animals where there
are foreseeable damages. Small Claims Court will
be the best course of action. You may also consider
filing criminal charges for cruelty to animals
or an injunction in civil court. Consult an attorney
regarding relevant law in your jurisdiction.
You can also contact American Society For The
Prevention Of Cruelty To Animails (A.S.P.C.A),
Education, Dept. 424, E. 92nd St., New York,
NY 1012 to report the airline for abuse.
Reservation/Ticketing
Once you have a confirmed reservation, you are
confirmed on the flight even if there is no record
of your reservation in the airline's computer
system. If you have a ticket that shows a confirmed
reservation for a specific flight and date, an
agent cannot deny you boarding because you have
no reservation in the computer. If you check-in
late or are a "no-show" your seat may be given
to someone else and you will have no legal recourse.
If you lose your ticket you will need a credit
card stub or some other document with the ticket
number showing that you in fact purchased a ticket.
You will likely have to purchase a new ticket
but you should be able to recoup the difference
between the value of the lost ticket and the
replacement. Small Claims Court in these cases
is a good option to consider.