DALLAS- Holding airlines responsible for disregarding their policies and infringing upon passenger rights can be challenging. While the option of pursuing legal action in small claims court is frequently discussed, it’s not a path that many individuals opt for.
In line with this, an OMAAT reader has shared a compelling narrative with them. She has embarked on the journey of taking American Airlines (AA) to small claims court after the airline declined to provide her infant a seat that had been paid for and subsequently refused to issue a refund.
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American Airlines Passenger Filling Lawsuit
In a nutshell, let’s outline the core details. Erika recently undertook a journey with her twin toddlers, who were approximately 18 months old, from Portland (PDX) to Dallas (DFW) and then on to Tallahassee (TLH).
She secured a lap seat for one of the infants (at no cost), and for the other, she acquired a separate seat using AAdvantage miles.
She meticulously reviewed all the regulations, discovering that while she could have only one lap infant, she was allowed to have a second infant occupy a separate seat.
According to American Airlines’ policy, an infant occupying an individual seat doesn’t require a car seat as long as they can sit independently:
“In the event that your infant will have their own seat, a ticket must be purchased. The infant must either travel in a safety seat approved by the Federal Aviation Administration (FAA), or they should have the ability to sit upright unassisted in their seat. Their seatbelt must be securely fastened during taxi, takeoff, landing, and whenever the ‘fasten seatbelt’ sign is illuminated.”
What Actually Happened?
For those seeking clarification, since Erika was embarking on the journey alone with her twin children, she thoroughly weighed her options. Considering the challenge of managing two infants along with a car seat, she made a deliberate decision.
At the outset of the trip, she opted to check both of their car seats through to the final destination.
The initial flight proceeded without any issues, but regrettably, the situation took a different turn during the second leg.
As Erika boarded the second flight, she asserts that the flight attendant persistently informed her that it was both an FAA and American Airlines policy to disallow an infant below the age of two from occupying their own seat without a car seat.
It’s important to note that the debate didn’t revolve around the infant’s capability to sit upright and fasten her seatbelt; rather, it was centered on a perceived violation of regulations as a whole.
As matters escalated, the flight attendant even went so far as to threaten Erika and her twins with removal from the plane, given the absence of a solution.
Thankfully, a compassionate woman seated behind Erika stepped in, offering to hold her daughter for the duration of the flight — a gesture Erika describes as incredibly fortunate. Otherwise, she might have found herself stranded in Dallas, potentially without car seats or necessary accommodations.
Erika contends that the flight attendant continued to make her uncomfortable for the initial part of the flight. However, at a later point, the flight attendant approached her to extend an apology, realizing that the policy she had been referencing simply did not exist.
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She Now Sue AA
After completing the journey, Erika proceeded to seek a refund for the ticket of the daughter, who was denied the opportunity to use her own seat. This situation arose because an American flight attendant invented rules, ultimately preventing her from utilizing the seat she had paid for.
It’s worth noting that lap infants are typically not charged, yet the infant for whom a seat was acquired ended up traveling as a lap infant due to the circumstances.
However, the airline rejected her refund request. Faced with seemingly no alternative, Erika opted to take legal action against American Airlines through the avenue of small claims court. This is where the narrative becomes particularly intriguing.
In the legal proceedings, American Airlines has asserted that according to its contract of carriage, the airline is not obligated to furnish passengers with a specific seat.
Consequently, the act of transporting a ticketed passenger without a designated seat is not considered a violation of the contract as long as the airline successfully transports them from the point of departure to their intended destination.
A trial date has been scheduled for October. Erika has obtained the contact details of the two women who were seated behind her during the incident, and they are willing to provide testimony in support of her case during the trial.
Conversely, American Airlines’ primary defense rests on the account of a flight attendant who submitted a report four days after the flight took place.
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