Airline Passenger Rights

Attorney Blog

airline passengersPassenger rights if you are removed from an airplane or injured by another passenger

Imagine that after spending hundreds of dollars on airfare, you are sitting on an airliner getting ready to take off on your way to the vacation you planned for months. Or instead, you are sitting with your seat belt on as you prepare to leave for an important business meeting. Perhaps you are traveling in an emergency-situation to visit an ill family member or friend. While you are preparing for take-off, what happens if an airline employee tells you must get off the airplane. If you choose to remain on board, can you be forcibly removed? And, what are your rights if you are injured in the process?

Recently, a United Airlines passenger who encountered this situation was forcibly removed by airport security, suffering personal injuries in the process. American courts have ruled that airlines do not have an unrestricted right to forcibly remove passengers whether due to overbooking issues, unsubstantiated security-related claims, or even impolite passenger behavior. These limitations on airline and crew behavior apply to both international and domestic flights in the United States.

Damages awarded to passengers on flights in the United States could include pain and suffering, reimbursement of medical expenses, wage loss if the passenger misses time from work, and emotional distress.

If the airline bumps the passenger from the flight or prohibits the passenger from boarding because of discrimination also constitutes improper conduct. Federal law prohibits discrimination based upon race, color, national origin, religion, sex, or ancestry. If the airline engages in discriminatory practices, a passenger could file a civil rights lawsuit, with damages including pain, suffering, emotional distress and attorney’s fees to pay your legal representative. Our American civil justice system may permit recovery of punitive damages.

In addition, there have been situations where quarrelsome and unruly passengers attack others and cause them bodily harm. In a situation such as this, the airline should protect you from assault by another passenger, and could face liability if it fails to do so. Again, American courts permit recovery in the appropriate circumstances for both domestic and international travel.    

Airlines cannot mistreat their passengers in violation of the law. If your rights are violated, you may be entitled to compensation. Contact the attorneys at Woodruff Johnson & Evans Law Offices at (630) 585-2320  for a free case review or fill in our Contact Form.

Click  Aviation Injuries for more information

Click Steven Sandler for more information on the blog’s author.

Categories:

Very satisfied

Very satisfied.     – Maricela […]

DJ (Dexter Evans) was amazing.

DJ (Dexter Evans) was amazing. He and Kylene communicated well and reached out often. This is my 2nd time using him and will never go anywhere else for my attorney needs. – Shanita […]

Highly recommended!

Highly recommended! Smooth process and great communication. Two thumbs up!   – Marek P.   […]

Big thank you to Attorney DJ Evans

Big thank you to Attorney DJ Evans for helping me with my PI case. Had a terrible car accident which I was not at fault for legally but my car was totaled and I sustained injuries that impacted my work. The at faults insurance tried to manipulate me into taking 2k which was ridiculous for […]

Jay Johnson was fabulous

Jay Johnson was fabulous, he kept me up-to-date and informed of every step. Very happy with his service and I would highly recommend him.       – Dawn S. […]

Very helpful.

Very helpful. I was able to put most of it away into an emergency fund.         – Christine […]

Got a Settlement Quicker Than I Expected and Better Than I Expected!

My second time with Leandro A. at Woodruff Johnson and Evans. Another great job. Didn’t have to talk with work comp at all this time since I told work comp I don’t trust them after the first occurrence with them. Got a settlement quicker than I expected and better than I expected. Thanks to Leandro […]

Attorney Dexter Evans: Professional, Responsive and Took Care of Business. Highly Recommended. You Will Not Be Disappointed!

Dexter Evans handled my case for a motor vehicle incident. I would like to inform you that he was very professional, responsive, and took care of business. Whenever I had a question they were very quick to respond and handled everything for me. If it wasn’t Dexter then Nicole was right there. I highly recommend […]

Go to the Doctor. Do the Tests. Get the Diagnostics. Hire Leandro Alhambra!

Leandro Alhambra took on my workman’s comp case and did a great job getting a good return back. I had him take on the case late (2 years after the incident) and he still was able to provide a good amount of compensation. Advice to anyone reading: go to the doctor, do the tests and […]

Leandro A. Alhambra Fights to Get Every Dollar for his Clients

I used Leandro A. Alhambra for my workmans comp. case. I see in him that he fights to get every dollar for his clients to be satisfied of the […]

View All Testimonials

Get Your Free Consultation

"*" indicates required fields