Can you take legal action against an airline?

We often get the question, can I sue an airline in small claims court? 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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The process is quick and affordable. You may file a lawsuit against an airline in small claims court as long as the amount you intend to sue for is within the small claims court limit (on average $10,000 or less). Up next: Learn more on how to sue an airline in small claims court.

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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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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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If an airline is not honoring its refund policies or the airline's refund policies seem unfair or deceptive consider suing the airline in small claims court. In small claims court, the judge will be the ultimate decider of whether an airline's refund terms are fair or enforceable.

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Note: While airlines are not required to issue a refund for non-refundable tickets, they are free to do so or they may issue a credit or travel voucher for future use on the airline.

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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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Delayed and Canceled Flights
If you find yourself with a delayed flight due to one of these reasons, ask the original airline if it will pay for a ticket on another airline. The DOT does not require the airline to offer compensation, but it doesn't hurt to ask.

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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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In the event an airline refuses to acknowledge your claim, you need to seek legal advice or file a complaint with the airport's authority. However, you need to understand the reasons for the denial of the claim. Sometimes the extraordinary circumstances are legitimate.

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Passengers are also entitled to compensation if they are delayed on the ground upon arrival, with a $50 credit for a delay of one to two hours, a $125 credit for a delay of two to three hours and a $200 credit for a delay of three hours or more.

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

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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.

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Delayed and Canceled Flights
The DOT does not require the airline to offer compensation, but it doesn't hurt to ask. With no federal compensation requirement for delayed passengers, refer to the policies of the operating airline to determine what compensation the airline will offer.

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If the airline has denied your compensation, the next step is to take them to court. There are lawyers that specialize in air passenger rights that may be happy to help you with your case. You never know, you could win your compensation and help set precedence for other air passengers at the same time!

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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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Though most of the airlines facing penalties are foreign, Denver-based Frontier Airlines is facing the single largest fine at $2.2 million. The other five airlines — Air India, TAP Portugal, Aeromexico, El Al and Avianca — face fines between $750,000 and $1.4 million.

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If every passenger was able to cancel for a full refund at any time, airlines would have to raise their prices across the board to account for this increased risk. This is also why nonrefundable fares are often the cheapest tickets offered by an airline.

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As with a canceled flight, your refund must be paid in cash within 7 days by means of electronic bank transfer, bank orders, or bank checks. The airline may also offer you compensation the form of vouchers or services, but only with your signed agreement.

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For domestic flights in the U.S., airlines have to pay you 200% of the value of your one-way ticket up to $775 if you arrive at your destination one to two hours past your originally scheduled itinerary or 400% of the one-way ticket price, up to $1,550 if your arrival delay is longer than two hours.

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