The top European city for landmark-focused tourism is:
This page is protected by Copyright laws. Do Not Copy.

Airline passenger's lawsuit thrown out of court

April 08, 2009

An airline has no legal obligation to provide its passengers with a "stress-free flight environment," even if they’re stuck in an aircraft on the tarmac for more than nine hours, a federal judge ruled earlier this month in Arkansas.

Catherine Ray of Fayetteville, Ark., had filed a lawsuit against American Airlines over a Dec. 29, 2006 flight diverted from Dallas-Fort Worth to Austin because of weather issues. After landing, passengers sat in the plane for 9.5 hours, unable to leave despite overflowing toilets and little food or water.

The tarmac delay spawned the Coalition for an Airline Passengers' Bill of Rights, which later became FlyersRights.org, a passenger-rights group that has been championing delay-related federal legislation.

In dismissing Ray's lawsuit, U.S. District Judge Robert T. Dawson, said, "While the court is sympathetic to plaintiff and the other passengers’ position, and believes that defendant could and should have handled this situation differently, the facts do not support a claim of false imprisonment."

The judge also determined that Ray could not pursue a class action.

Dawson pointed out that Ray and other passengers were given opportunities to get off the plane. The judge acknowledged that Ray felt she had to stay on the plane because she said she was told by airline personnel she would be "on her own" if she got off the plane, but that did not mean she was imprisoned.

Ray complained of being claustrophobic during the delay and said she had an upset stomach the day following the diversion and tarmac delay -- possibly, she said, from not being able to wash her hands after going to the bathroom due to a lack of water.

But the judge ruled, "The plaintiff cannot show that she suffered any injuries that were proximately caused by defendant."

Commenting on the case and the decision, American spokesman Tim Smith said, "While the weather-related events of December 29, 2006 were extremely rare -- virtually unprecedented -- in the aftermath of that day American Airlines quickly initiated multiple proactive steps to avoid future recurrences of frustrating customer experiences."

Smith said American has always viewed the events from that flight diversion and delay "as issues of customer service and customer satisfaction, not about any legal liability."

FlyersRights.org director Kate Hanni was on that 2006 flight and has her own lawsuit pending on many of the same issues in a California court.

"Congress must legislate airline passengers' rights so individual judges can look to uniform rules rather than making up standards that are not connected to reality on a case-by-case basis," she said.

The decision only reinforces the need for federal legislation to create a standard for how long passengers can be kept on stranded flights, Hanni said.

From 1 to 5 of 9 Comment(s)

Leave a Comment

#9April 15, 2009
Americans complain about everything. Ever see public transportation in developing countries? The running gag is: How many people can you get on this bus? Answer: 1 more. (They're sitting on the back bumper, laying on top, hanging from a window - too funny!)
#8April 10, 2009
Actually, coming from someone who knows about this case, the judge threw out emotional hardship a long time ago...so no, apparently it is not a classic case of emotional distress.
#7April 09, 2009
If businesses were to be required 'by law' to provide a stress-free environment, then shopping malls, grocery stores, medical practices and even DESTINATION ATTRACTIONS (Disneyland, the Vatican) would all be in violation.
#6April 09, 2009
Okay people - yes I'm talking to you passengers who complain about every little thing. Flying is not the luxury it once was because of one reason - price! As the price has come down so have the amenities. Wow! What a concept. Those of you who complain about the service are the same people who complain when the ticket costs more than $120. Ever heard of "You get what you pay for"? Southwest is the perfect example of letting the trailer park take over the town. That's what you get when you refuse to pay what the service is worth. Worthless service. You show up late to check in with too many bags and bags that are too large. Why should the ticket counter agent and ramp agent who are making $10 an hour throw thier backs out because you insist on taking everything you own with you? Oh, but you don't want to pay for it. And then you treat the gate agent like s**t because they want to gate check your bulging carry on that weighs more than a third grader.
#5April 09, 2009
I was delayed to work the other day due to traffic congestion on the freeway. I was imprisoned in my car, suffered stress due to being late and furthermore was hungry adn had an upset stomach. I pay high taxes on every gallon of gasoline i buy to have good roads. Who can i sue - this is outrageous !
View All Comments

Leave a Comment

Comment Guidelines

Your
Comment:
characters remaining