Can I sue the airlines for delays (passenger’s refusal to wear mask) in flight?
Lately, (especially in the USA) we have seen multiple planes that are forced to turn around mid-flight due to unruly passengers (often mask related). Should other passengers on airplanes that are delayed by these unruly passengers sue for the delay caused?
Oliver Schneider from Quora asks the above question.
The Federal Aviation Regulations states that “no person may assault, threaten, intimidate, or interfere with a crewmember in the performance of the crewmember’s duties aboard an aircraft being operated.”
In my past flying career, I have encountered a few interesting cases of unruly passengers.
In one flight to Frankfurt on a Boeing 777, a flight attendant reported that a drunken passenger had been flashing at her when no one was watching. Despite warnings, he persisted with his lewd behaviour.
On landing, he was duly escorted by the security officials and fined.
Indeed, last week a Boeing 777 flight from Miami to London had to turn back because a lady passenger allegedly refused to obey instructions to wear a mask and became disruptive. On landing, she was escorted off the plane but was not arrested.
Most airlines expressly reserve the rights to delay or cancel flights as they deem necessary due to safety reasons. As such, almost all airlines have cancellation policies and compensate passengers for some delays. However, each carrier policies may vary.
Even if you can’t normally sue an airline if the flight was cancelled, the US Department of Transportation has enacted an airline passengers “Bill of Rights” for the protection of the consumers.
Interestingly, one airline has sued a passenger on a flight from Calgary to London. He had too much to drink prior to boarding, then became aggressive towards the crew during the flight and refused to take his seat.
The pilot decided to turn the plane back to Calgary. The airline tried and recoup this cost from the passenger.
The Canadian court prosecuted the passenger and the airline recovered CAD$21,000 for the costs incurred.
In Malaysia, before you sue an airline for delays, MAVCOM (Malaysian Aviation Commission) has listed down some information below:
“If your flight is delayed or cancelled, your airline will most likely need to provide you with compensation to help you get your travel plans back on track. Depending on the nature of the delay or cancellation, this may include:
- meals, telephone calls and internet access (for delays of 2 hours or more);
- hotel accommodation and transport (for delays of 5 hours or more or when a stay becomes necessary); or
- a full refund or alternative flight (if your flight is cancelled).”
The only exceptions occur during “extraordinary circumstances” including security risks or extreme weather which the airline could not have known would happen.
Yes, in litigious USA, you may be able to sue if your flight is delayed for more than 3 hours.
See video Woman Escorted Off Plane For Refusing To Wear Mask here