Q: My husband and I recently traveled by plane from Maine to Hawaii to go to our son’s wedding, and it was a nightmare. We missed every connection, actually had to stay over in an airport one night, finally arrived as the reception was ending, and they lost our luggage. In all, we spent several thousand dollars to not see our son get married. The airline just says, “Too bad.” If any other service we purchased didn’t deliver, we’d at least get our money back. How do we get satisfaction from the airline? If they won’t make good, can we take out a big ad in the paper to say how badly they treated us?
A: Unfortunately, bad airline experiences seem to be more and more common. Delays, missed connections, overbookings and outright cancellations are becoming all too familiar. When your travel plans have been disrupted by an airline, what recourse do you have, if any? The answer is: It depends.
The contract between an airline and a passenger is simple enough: In exchange for your money, the airline promises to provide safe and timely transport to your destination. If the airline fails to deliver on its promises, then you should be able to sue for your damages, just as with other breaches of contract, right? Not quite. The simple analysis that accompanies most breach of contract cases is complicated in air travel cases because the airline industry is more complicated. Much more.
We take it for granted now, but the idea that we can travel safely across the country for three or four hundred bucks in a giant metal bird is quite amazing. This feat is made possible by the integrated efforts of a small army of trained personnel and their coordinated use of a wide array of sophisticated equipment. Most of the time, this incredible operation runs smoothly. However, sometimes there are glitches. And most of the time these glitches have to do with variables outside of the airlines’ control or not entirely within their control.
Take the weather. This is a big country, and the weather in Tucson may be different than the weather in Tulsa, which may be different than the weather in Tacoma. No matter how amazing they are, planes are no match for Mother Nature.
• Mechanical difficulties: Despite constant maintenance, planes are machines and machines break.
• Air traffic: Volume spikes due to weather, holidays, delays in other locations account for many delays.
There are other examples, but these are sufficient to illustrate the source of most passenger complaints: the tension between an airline’s duty to provide safe transport and its promise to deliver you there on time. Although the airlines do want to get you there on time, it is more important that they get you there safely. The federal laws governing an airline’s duty to provide safe transport trumps an individual’s common law contract rights
Airlines do make mistakes. Unexplained early departures and certain cases of overbooking have resulted in successful lawsuits against airlines. In most cases, however, the delay has its origins in a safety issue.
So before you take out the full-page ad in the paper (and, if you do, be careful of defamation) use good, old-fashioned common sense. Despite the inconvenience it has caused you, was the delay the result of a safety issue somewhere down the line? If so, then you are in for a tough, uphill battle. However, if it appears that the air-line just plain screwed up, then perhaps you should call your lawyer, who will carefully assess your case and advise you of your options and chances for success in recovering any damages. Good luck and safe travels!
This column is a service of the Lawyer Referral and Information Service of the Maine State Bar Association. Its contents are a general response to the question and do not constitute legal advice. Questions are welcome. Just go online to AAL@mainebar.org, describe your question and note you are a BDN reader. Written questions mailed to “Ask a Lawyer,” Bangor Daily News, P.O. Box 1329, Bangor, Maine, 04402-1329 will be forwarded to the LRIS.