Can I Sue an Airline?

There are several situations where you may be able to sue an airline. Issues like severe injuries, deceptive business practices, and critical delays aren’t supposed to be part of your travel plans.

Some disputes with airlines involve a small amount of money — but it’s still an unfair expense for you. You may consider bringing your lawsuit in small claims court (or in state and federal courts that hear cases exceeding the small claims limit). Small claims lawsuits have a dollar limit, which varies depending on your state.

If your case is strong enough, you might need more relief than small claims courts could offer. A personal injury lawyer can help you maximize your recovery beyond that limit. Airlines may also be willing to settle a case before it reaches a regular civil court.

If your injuries are part of a larger pattern of violations committed by an airline, your lawyer may even be able to form a class action, which is a large-scale group lawsuit, against the airline.

Common Problems With Airlines

Common issues giving rise to airline complaints include:

• Personal injury
• Physical and emotional distress
• Lost luggage
• Damage to personal property
• Delayed or canceled flights
• Failure to honor or refund airline tickets
• Illegal discrimination
• Confiscated points/miles in frequent flyer reward programs
• Customer data breaches

These kinds of occurrences can create the basis for three major causes of action, which are:

• Negligence
• Breach of contract
• Civil rights violations

You can see the differences between each of these claims in the sections below. 

What Is Negligence?

Negligence is carelessness that leads to injury. To prove that an airline was negligent in causing injuries to your person, you must show the following four elements:

• Duty: You must show that the airline had a duty to prevent foreseeable harm to likely victims.
• Breach: The airline must have breached or violated its duty, perhaps by failing to follow reasonable safety procedures.
• Causation: The airline’s failure to follow reasonable safety procedures must have been the cause of your personal injury.
• Damages: When you suffer a personal injury, you may incur pain and suffering and medical expenses. You must be able to substantiate these damages using evidence like medical records and bills.

For example, a pilot misses the runway and makes a very bumpy landing in a parking lot near the airport. This error occurs not because of bad weather conditions or unforeseeable mechanical problems, but because he is drunk and the airline was careless in allowing him to operate the airplane.

During the rough landing, violent jolts in the fuselage of the aircraft cause the luggage compartments to open. Falling debris results in injuries to your person, and you are taken to the hospital to receive treatment.

The airline has a duty to ensure that you are transported in a safe manner. Allowing the pilot to fly the aircraft while intoxicated is a breach of that duty because it jeopardizes your safety as a passenger. When you become injured as a result of falling debris, your injuries can be traced back to the airline’s failure to ensure that you were transported safely.

The medical expenses that you incur at the hospital will substantiate the damages you have suffered as a result of the accident. This will form the basis of a negligence action against the airline.

What Is Breach of Contract?

A breach of contract case also has four elements:

• Contract: A contract (agreement) must exist between the airline and its passengers. The airline’s contract of carriage is an agreement between you and the airline that will set out the rights and obligations of both parties.
• Performance: As the passenger, you must show that you complied with the contract in good faith.
• Breach: The airline must have violated the contract by failing to fulfill its obligations.
• Damages: The airline’s breach of the contract must cause harm to you.

For instance, suppose that you pay for a business class ticket with premium pricing. But once you check in for your flight, the airline forces you into economy class. It refuses to compensate you for the difference in cost.

Plus, you find out after landing that your baggage was ruined. Video footage shows an airline employee failing to secure your luggage during check-in. Their mistake causes the permanent loss of your valuable belongings. The airline refuses to acknowledge the oversight or pay you fair compensation.

In response, you might argue that the airline’s contract of carriage requires that you should have received an appropriate-class ticket in that situation. It may also require secure transportation of your luggage to the flight destination. The fact that you paid for a business class ticket shows that you held up your end of the deal by performing in accordance with the contract — yet the airline didn’t.

The airline’s refusal to place you in business class or repay you for ruined items shows that the airline failed to meet its end of the agreement. Because you have suffered damages in the form of lost luggage and wasted money, you may have a successful breach of contract lawsuit against the airline.

What Are Civil Rights Violations?

Under federal law, including 42 U.S.C. § 1981 and sections 41310(a) and 40127(a) of the Airline Deregulation Act of 1978 (“ADA”), “[a]n air carrier may not subject a person in air transportation to discrimination on the basis of race, color, national origin, religion, sex, or ancestry.”

Suppose that a flight attendant asks you to give up your seat to another passenger, not for safety or economic reasons relating to the class of ticket purchased, but rather because you are told that people of your gender are not allowed to sit in the row you have occupied. Here, you may be able to bring a civil rights lawsuit as a result of the airline’s discrimination against you.

Other Examples of Lawsuits Against an Airline

A lot of bad things can happen while you’re traveling. But it can be hard to know whether you can sue in certain scenarios.

Illness and Food Poisoning

Catching an illness while traveling is fairly common. An airline may not be responsible for the viruses of other passengers, for instance, though they may deny boarding to passengers who are visibly ill. What matters for a lawsuit is whether the airline had a duty to avoid a specific type of illness.

Let’s say that on an important business trip to New York, an attendant on your flight serves you expired food. The resulting food poisoning lands you in the hospital. Because the airline would have a duty of care to safely transport you to your destination, you may consider suing the airline for negligence to recover your medical expenses.

Natural Disasters and Weather Delays

You generally can’t sue an airline for a delay or cancellation if the reason is related to dangerous conditions. 

Suppose again that the flight to New York has been interrupted. This time, the interruption is due to the airline’s inability to weather a storm that forced the company to suddenly ground all of its planes. Though you may be tempted to sue, that is not an option in this type of situation.

The contract of carriage (flight agreement) between the passenger and the airline includes a clause with a force majeure disclaimer excusing the airline from obligations during uncontrollable Acts of God, like natural disasters. Aside from safety regulations requiring that the flight be grounded, this disclaimer means the airline is not required to get you to your destination during a dangerous storm.

Failure To Offer a Refund

If the airline refuses to provide you with a refund or travel voucher after something like a weather delay, you may have a viable claim in court.

You will need to show that the airline violated a refund policy under its contract of carriage. All major airlines provide their terms and conditions of service to passengers at the time that a ticket is purchased. For example, United Airlines has an entire page on its website detailing its contract of carriage.

How To Sue an Airline

The process of pursuing a claim will depend on the specific details of your case. That’s why it’s a good idea to speak with a lawyer first. An experienced attorney can guide you through the legal process of suing an airline company.

Aviation law is complex, and the airline industry has high-powered legal teams ready to defend against lawsuits. You will want a strong legal advocate on your side if you go up against a large, well-resourced common carrier or passenger transport company. 

A personal injury attorney may be able to give you legal advice regarding any physical or emotional injuries you may have suffered in connection with an airline or flight experience. Most personal injury attorneys do not charge up-front fees and instead work on contingency, which means that their fees come out of any settlement they obtain for you. They often offer free consultations.

If your consumer rights as a ticketholder have also been affected, such as by a major airline’s failure to adhere to acceptable refund policies, you may also want to consider consulting with a consumer protection attorney. A consumer protection attorney can pursue compensation and help assert your rights under consumer laws.

Sometimes, a dispute can be resolved quickly through a demand letter. The airline may agree to compensate you to settle your dispute.

But in other cases, especially for high-value or complex claims, an airline might not agree to your request. Litigation may be the next step. Once you are ready to begin your lawsuit, your lawyer can help to file a written complaint with the proper court clerk.

When To Contact the Department of Transportation

If you are not sure whether a lawyer can help you, consider doing research with the Department of Transportation. The U.S. Department of Transportation (USDOT or DOT) mandates safety guidelines for America’s transportation carriers, including airlines. The DOT’s Consumer’s Guide to Small Claims Courts is an excellent starting point to help you determine whether you have a case against an airline.

One important DOT agency, the Federal Aviation Administration (FAA), regulates air travel and the manufacture, operation, and maintenance of aircraft and airline safety procedures.

If suing isn’t an option, both the DOT and the FAA provide online forms for consumer referrals and complaints, including:

• USDOT Air Travel Service Complaint or Comment Form
• FAA Hotline to Report Issues Related to Aviation Safety or FAA Personnel and Facilities
• FAA Discrimination Complaint Forms

The DOT also promotes aviation consumer protection and airline responsibility through its online resources. Use the links below to help determine whether you have a case:

• Fly Rights – A Consumer Guide to Air Travel
• Contact Information & Mailing Address for Consumer Complaints
• Air Travel Consumer Reports
• Information on Refunds
• Flight Delays & Cancellations

Not Sure You Have a Claim Against an Airline? A Lawyer Can Help

If you’re unsure if your situation qualifies for legal action against an airline, a lawyer can evaluate your case and advise whether it’s worth pursuing a legal claim. Whether it’s a personal injury, breach of contract, or other issue, you don’t have to navigate the legal process alone. Contact a local personal injury attorney or consumer protection attorney to see if you have a valid case. Most attorneys offer free consultations.