Can a passenger sue an airline?

Individuals can sue airlines in small claims court for damages caused by an airline's negligence. For example, damages can arise from personal injuries (for example a broken arm) or from emotional distress caused by an airline's negligent treatment.



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Besides suing in small claims court you can also file a complaint against an airline with the DOT. The DOT's Office of Aviation Consumer Protection (ACPD) reviews and responds to consumer complaints against airlines.

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Yes, there are many circumstances under which you may rightfully sue an airline. Common situations giving rise to airline complaints include: Personal Injury. Physical and Emotional Distress.

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When passengers fear for their lives due to some type of airline mishap, they can sue an airline for emotional distress to receive compensation.

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According to the DOT, airlines are not required to provide money or other compensation when flights get delayed, regardless of how late they are. However, when a “significant delay” takes place, passengers may receive refunds for seat selection fees or checked baggage fees.

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In some cases, international carriers may deny claims based on situations out of their control, such as the aforementioned weather, as well as other issues like labor disputes. In these situations, your only recourse may be hiring legal representation, either through an attorney or a flight delay compensation company.

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Airline liability
  • International laws for air travel.
  • Death or injury to passengers.
  • Lost or damaged luggage.
  • Delayed passengers and luggage.
  • Missing or damaged luggage.
  • Claiming compensation.


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If the airline resists, tell them you know you are legally entitled to a full refund. The law says you can't be forced to accept a credit or voucher instead of all of your money back, including baggage fees, seat selection fees, taxes, etc.

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Send a demand letter to the airline (also known as an airline complaint letter). File a complaint with the U.S. Department of Transportation. File a complaint with the Better Business Bureau (BBB). File a small claims lawsuit against the airline.

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Families of victims and survivors may bring a lawsuit against the airline or aircraft. In some cases, it may be appropriate to sue a parts manufacturer. The federal government provides support to the families of those injured in airplane crashes.

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It's often best to email or write to the airline's consumer office at its corporate headquarters. DOT requires airlines that fly to, from, or within the United States to state on their websites how and where complaints can be submitted.

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Under US airline passenger rights, USA travelers are protected against denied boarding and luggage issues. But unfortunately, for other types of disruption, flight rights in the USA are limited.

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Federal law doesn't require airlines to pay compensation to passengers for delays, Palmer said. If airlines cancel a flight for any reason, passengers are legally entitled to a full refund, including for ticket price, taxes, baggage fees, extra charges and ancillary fees.

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In short, the Passengers' Bill of Rights is a piece of legislation that would provide legal protection for fliers in the cases of delays, cancellations, lost baggage, and “junk fees” (in the words of President Joe Biden).

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Difficulties getting refunds were the top complaints in 2022, according to the report. Flight problems, including delays and cancellations, were second. Lost, damaged or pilfered luggage was the third-most common complaint.

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DOT requires airlines to acknowledge consumer complaints within 30 days of receiving them and to send consumers written responses addressing these complaints within 60 days of receiving them (30 days for disability-related complaints). DOT also asks that ticket agents respond to consumer who file complaints with them.

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Common Complaints and Lawsuits Against Airlines
  • An airline has damaged your luggage.
  • An airline has breached a term under its contract of carriage.
  • An airline has canceled your flight.
  • You were bumped from a flight because the airline overbooked it.
  • An airline has lost or delayed delivery of your luggage.


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However, if your first flight is delayed for more than 3 hours, you may be entitled to compensation from the airline that caused the delay. In addition to compensation, the airline must offer you a choice between: Reimbursement of your ticket and a return flight to your departure airport if you have a connecting flight.

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