Generally, yes you can sue an airline in small claims court. The U.S. Department of Transportation (“DOT”), which is a federal agency that regulates airlines operating in the U.S, even publishes a Consumer's Guide to Small Claims Court.
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You may also have an individual claim if you can show that you were singled out for rescheduling, such as on the basis of race, religion, or ethnic origin. If you believe that your flight has been canceled improperly, you may want to speak to an attorney.
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.
So if your flight is delayed by 2 hours, there is no compensation. However, you can make a different claim. For example, if your flight is delayed by two hours or more, your airline must take care of you by offering you support services. These can be very different.
The airline is required to compensate you for a canceled flight if you were notified less than 14 days before your original scheduled departure date. However, compensation is not required if the airline proves that extraordinary circumstances (e.g., weather) caused the cancellation.
For example, if there's bad weather or air traffic congestion, the airline may need to adjust their schedule to avoid delays and cancellations. Additionally, changes in airport operating hours, security measures, or even changes in government regulations can all affect flight schedules.
Non-refundable tickets - Consumers who purchase non-refundable tickets are not entitled to a refund unless the airline makes a promise to provide a refund or the airline cancels a flight or makes a significant schedule change.
If the missed connection is the airline's fault (a delayed initial flight due to mechanical problems, for example), the airline should rebook you on the next available flight. If the next outbound flight is the following morning, the airline should either book you on another airline or provide accommodations and meals.
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.
But as a rule of thumb, only expect compensation when the delay is the airline's fault and lasts longer than three hours. If the delay arises from inclement weather, issues at the airport,or other circumstances outside the airline's control, you won't be eligible for compensation.
Once passengers have boarded the aircraft, the compensation structure is $100 in credit for a delay between three and five hours, $175 in credit for a delay between five and six hours, or a $250 credit for a delay of six hours or more.
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.
Suing an Airline for Negligence in Small Claims CourtBefore 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.
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.