Can I sue an airline for mistreatment?

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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Mishaps on airlines can result in severe emotional distress for passengers, even when they don't suffer physical injuries. 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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Mishaps on airlines can result in severe emotional distress for passengers, even when they don't suffer physical injuries. 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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Air travel isn't always fun. Things go wrong. And while you're unlikely to get compensated because a summer thunderstorm made your plane late, it's often worth complaining to the airlines and seeing what you can get for your travel inconveniences.

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Filing a complaint with an airline or a ticket agent.
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).

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U.S. law and U.S. Department of Transportation (DOT) regulations exempt airlines from lawsuits by passengers in most circumstances. You may be able to sue in small claims court, but in most cases you can resolve the problem by working directly with the airline or filing a complaint with the DOT.

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Suing an Airline for Negligence in Small Claims Court Before suing an airline for emotional distress or personal injury, you may want to consider consulting with a lawyer. Most of the time personal injury lawyers have free consultations where they can let you know what they think of your case.

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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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The DOT does not require the airline to offer compensation, but it doesn't hurt to ask.

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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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A Transportation Industry Analyst will forward your complaint to the airline and the airline is required to respond to you and DOT. Once the airline's response is received, a DOT analyst will review your complaint and the airline's response to determine if a violation occurred.

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Intentional infliction of emotional distress (IIED) involves terrible conduct. It must be so awful it causes severe emotional trauma. IIED is an intentional tort, a civil wrong committed on purpose. The victim can recover damages from the person causing the emotional distress.

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Southwest Airlines passenger sues airline for failing to offer 'prompt refunds' after travel meltdown.

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Passengers who cause flight delays or groundings can be fined by airlines seeking restitution for the costs of these diversions; they may even face criminal charges.

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