An American Airlines passenger bought a seat for her 18 month old child. A flight attendant refused to allow them to use it, saying children under two weren’t allowed in seats without a car seat. This was wrong. The passenger is suing, because American wouldn’t refund the seat they’d purchased but weren’t permitted to use.
And One Mile at a Time reports that the airline is making two claims in response to the suit,
- They’re only required to transport a passenger, not to transport them in a seat. Since the toddler flew, they got the full value of their ticket.
- The flight attendant, who threatened to kick the passengers off the flight and who denied use of the seat all based on a misunderstanding of policy, was within their rights to do so even though they were wrong.
This is literally insane, but it comes from an airline so seems about right. In 2015 they actually changed the terms of their frequent flyer program to specifically disclaim “any duty of good faith and fair dealing” towards customers.
As One Mile at a Time describes the incident, the passenger flew Portland to Dallas to Tallahassee with 18 month old twins. You’re only allowed one passenger on lap, so she bought a ticket for the second child using her miles. They had no issue on their first flight.
- A child can sit in their own seat, without a car seat, if they can “sit upright in their seat without assistance and have their seatbelt securely fastened during taxi, takeoff, landing and whenever the ‘fasten seatbelt’ sign is on.”
- Since she was traveling with young twins, she decided to check their car seats. Carrying a car seat is a lot to juggle while managing 18 month olds.
- On her flight from Dallas to Tallahassee, she says a flight attendant told her that it’s “FAA and American Airlines policy to not allow an infant under the age of two to occupy their own seat without a car seat.” That is false. (I chose a middle ground, using an FAA-approved CARES harness with my daughter when she was young.)
Cares Harness, Credit: FAA - The flight attendant never claimed that the child couldn’t sit upright as required, just that traveling without a car seat was against the rules. And they “threatened to remove Erika and her twins from the plane,” however another passenger actually “offered to hold her daughter for the duration of the flight,” so that they were a lap child rather than sitting in their own seat against rules the crewmember had made up.
Flight attendants make mistakes. They probably don’t get enough recurrent training, and frequently don’t read the updates that they do receive. In my experience they learn proper procedure via rumor from colleagues more than from their airline, at least in the United States.
In the end, the passengers traveled, albeit thanks to the kindness of a stranger rather than the airline. It seems reasonable, though, that the passenger would ask for and receive a refund of the seat that they improperly denied use of. American said no. Now they’ve sued in small claims court.
American’s legal position appears to be two-fold, as reported by One Mile at a Time. First, that the airline’s Contract of Carriage requires them to transport passengers whether or not they’re in a seat. The plaintiff merely “allege[s] that there was a dispute about where and how the infant was to sit.”
Plaintiff alleges American breached the CoC by refusing to let her infant occupy the seat she had purchased. The infant, however, had a ticket that required American to transport her from Portland, Oregon, to a final destination of Tallahassee, Florida. While Plaintiff alleges that there was a dispute about where and how the infant was to sit, Plaintiff does not dispute that the infant in fact flew safely from Portland, Oregon, to Tallahassee, Florida.
Plaintiff offers no facts to support any language within the CoC supporting her claim for breach of contract by American, and there is nothing in the governing contract that requires American to do anything beyond transport a passenger from one place to another on the date and time of the ticket. Even the seat assignment of a passenger is not guaranteed under the contract.
The infant purchased a service, a seat that they were not allowed to use, so that service should be refunded. They traveled as a lap infant which is free on domestic flights.
Meanwhile under American’s interpretation, when Pakistan International Airlines flew to Saudi Arabia with more passengers on board than seats they’d actually done nothing wrong, at least with respect to the passengers who purchased tickets? After all they ultimately flew without incident and on American Airlines their ticket only requires them to transport people from their origin to destination. Passengers without seats cannot cite anything in the airline’s Contract of Carriage (CoC) that says seats are an entitlement!
American’s other argument appears to be that flight attendants can deny boarding to passengers for any reason or no reason, and such decisions are un-reviewable.
Conversely, the contract states that American may refuse to transport a passenger if the passenger’s “physical or mental condition is such that in American’s sole opinion” the passenger is rendered or likely to be rendered incapable of…complying with safety instructions without the assistance of an attendant. Plaintiff alleges that American “question[ed] whether [her] seating configuration was safe for [her] children.” Had the flight attendant concluded in its sole opinion that the infant was not capable of complying with the safety instructions as outlined in the contract that required the infant to remain sitting up and with its seatbelt fastened for take off, landing, and anytime the ‘fasten seat belt’ sign was on, she would have been doing so consistent with the terms of the contract.
The airline’s “sold opinion” is all that matters to deny boarding here, and the flight attendant’s opinion is the airline’s opinion. Yet here the flight attendant’s opinion was in direct contravention of the airline’s own policies, so it doesn’t seem plausible that the airline expressed the opinion that the passenger could not permissibly fly. Moreover there is no allegation that the passenger’s “physical or mental condition” prevented them from complying with safety instructions, only that their age precluded them from doing so without a car seat (again, reportedly there was no concern that the passenger was unable to sit upright).
In fact, the airline itself even hedges a bit here. There’s a sleight of hand. They do not say that the flight attendant did conclude (erroneously) that there was a safety issue, only that if they had concluded such a safety issue existed specific to this passenger they’d have been justified in removing the passenger.
However the underlying point here is that according to American Airlines, a flight attendant can remove passengers for any reason or no reason, provided that they subjectively determine on their own that the passenger cannot comply with safety instructions. Would a racist flight attendant determining that no African American passengers are capable of following safety protocols be justified in removing all African Americans? The airline’s plain language Contract of Carriage and even international tariff fail to mention the words race or discrimination.
American’s position, as reportedly taken in this suit, is unconscionable. American clearly should have refunded the ticket rather than putting themselves in the position of making these stupid arguments. A trial date has been set for October.
These are bossy people and become bossy flight attendant doing whatever they want and deserve to be fired. Too bad company keeping them
I hope the plaintiff (passenger) wins this lawsuit. AA is really pushing legalese to the brink of idiocy here.
Why on earth wouldn’t AA have just settled this upon being sued? Is it really worth the time, HA, and court fees they will need to pay out not to mention the bad publicity? All for a FA who is incorrect and probably no more than a $400 ticket?
Behavior of a typical American flight attendant.
Common sense here, and how cheap is AA to not just refund the seat and apologize for the treatment by the FA. But no they want to drag this thru small claims for a few hundred dollars. The PR on this will likely cost them thousands. Way to go AA!
Please let us know the outcome, I look forward to hearing what a judge says to the councilor for AA when they claim you are not entitled to a seat when you make a purchase, I’m guessing this settles before the court date.
This is the type of customer dis-service from American Airlines that I experienced on my last and final American flight years ago. They had a damaged plane from a ground accident that they could not guantee was going to leave but would not even list me for stand-by unless I cancelled my ticket and took the $250 change fee and bought a full fair ticket. The flight left 5 hours late after a plane change announcement then a decision to fly the original plane. Half the seats were empty on a full flight but they didn’t care.
I can fly Delta, Southwest or drive any place they fly and while Delta and Southwest are far from perfect, flying American is like playing Russian Roulette with a full gun.
AA asked a lawyer to defend the no-refund decision, and this is the best the lawyer could come up with. Ask a stupid question, get a stupid answer.
It’s not the lawyer’s fault. I can’t think of a better argument than theirs for an essentially indefensible position.
The most incredible thing is that AA knows their FA was wrong, and unnecessarily created drama and hardship for the mother (and the kind stranger who offered to hold one of the twins), and AA’s reaction is not to settle and refund the ticket (or offer equivalent miles) but to pay a lawyer to fight it in court! Looks like bad advice/strategy from the AA General Counsel’s office.
Recently AA has been stingy on awarding compensation for all their screw ups. This will certainly backfire.
Perhaps AA would be able to manage their employees and provide minimum customer service it they had half the gates and routes to fly. This way they can RIF the idiots and their incompetent management.
I live in a Delta hub that barely has AA service, so I’ve never really been faced with this question. In fact I’ve never flown American.
But honestly: given all the constant absurd behavior from AA and the awful experience, why are people so darned loyal to them (Gary included)?
It must offer some advantages to UA or WN.
There’s a reason why I refuse to fly on American. Ever. They’re the only US airline I will not go on.
AA will win this. People, particularly parents seem to forget flying is a privilege not a right. You really have no business bringing infants and young toddlers on planes. It’s not safe for them and they bug other passengers. You decided to have a child and now must make some sacrifices, if that means not traveling by plane that was your choice. You can’t drive with a kid in your lap. I’m prepared for all the crying from selfish parents that thinks it’s their right to impose their crying kid on everyone else.
@J Smith, judging by your comment and knowing what people who comment as you do are usually like, I’d say it’s reasonably safe to assume that most of us would much rather put up with the infant on board than with you. Flying is a privilege not a right. Please stop flying so that decent, normal human beings on planes don’t have to put up with people like you.
Not sure what planet JSmith is on. He is totally nuts!!!
So if no seat is required how do you fasten seatbelt at takeoff, landing, & when the light comes on? Seems like a serious safety issue for the passenger & other passengers. AA is so FN dumb. Actually airlines in general.
@j smith you are the entitled arse that deserves to fly American. Please stay off Delta.
Wow. Quintuple Wow. I’m a huge AA fan, but I’ll admit that they sure have been disappointing a lot these days. This latest example is sickening, and I’m agreed with the vast majority of commentators that their Brand Promise needs to get positively crushed on this. Gary, please be sure that you post this broadly on X and any other channel that you can think of. Hopefully, a global spanking will result in the responsible AA employee seeking better employment. As for @J Smith, flying is both a privilege as well as a narrowly defined right, and is also a legal contract as well. No good can (or should) come out of AA’s actions, as they will soon find out.
This is exactly why I avoid flying American Airlines. I’ll fly Southwest, United, Delta or a regional airline before I’ll fly American Airlines. US Airways was my favorite airline and it’s sad what Doug Parker did to the airline with the American acquisition.
She should change venue and sue for millions. We will crowd-fund her lawsuit. Only way to teach AA a lesson.
Cause the federal government is obviously in bed with the airlines.
The newest AA ticket type/class: Standing Room Only!
Why anyone with a choice would fly AA is a mystery. They had the kids’ age at the time of ticketing but sold a seat for one of them, anyway. Some passengers are rude or dangerous, but this kind of bulling behavior by airlines must be reined in.
LOLOL @J Smith. I’ve been the pissed off guy next to unruly children that has silently fumed and let those same thoughts infiltrate my mind in the moment, but would not say them out loud. That’s a tough argument, bruh. You are not entitled to a public space that’s kid-free unless you’re in a bar, club, or adults-only resort. My goodness.
Now, if there were a kid-free airline would I pay a slight premium? Sure, especially on a longhaul redeye. It’s a leading reason I usually put myself in the front of the plane.
While I’m no fan of sitting next to most children on a flight, I’m lightyears away from taking your stance. God help me if I ever end up seated next to you, as you seem the type whose willing to let your unsolicited hot takes fly unedited.
Answer….do not fly AA when this happens enough to hurt their bottom line they will change in a minute.
American Airlines at it’s best. They deserve to go bankrupt.
Enough of you bashimg AA.
TELL THE FOLKS YOUR A PAID INFLUENCER BY DELTA.
YOU NEVER NITCH ABOUT DELTAS OLD BROKEN DOWN FLEET.
OR, THE INOP IFE SYSTEMS.
GO GET A REAL JOB!
The very worst customer service I have EVER experienced was from American Airlines. Through no fault of our own, the group of students I was traveling with and I missed our flight. We were then forced to wait TWENTY-ONE HOURS to be put on a new flight. Not only did they not give us any meal vouchers or anything else, they were not merely RUDE to us, they were actively CRUEL. They actually verbally ABUSED me and made a point of humiliating and shaming us in front of every other passenger in the gate area.
I have had similar dealings with them elsewhere, where they have been deliberately rude and made every trip with them a DEEPLY unpleasant experience. I would rather WALK from city to city than EVER fly with these nasty creeps again. I am only happy to get the chance to share my experience here so that others can be warned of how relentlessly awful they are and avoid them at all costs.
AA is emboldened to act this way thanks to past Court rulings like Northwest v. Ginsberg which interpreted the federal pre-emption clause of the Air Deregulation Act very broadly.
The federal courts have often ruled that the DOT — which nominally has the power to police “unfair and deceptive [airline] practices” — not state courts — should be adjudicating various air passenger complaints similar to this one.
At the same time rightward-shifting federal Courts have also undermined agencies including the DOT from imposing new guidelines or rule-making to help passengers without very specific mandates from a grid-locked Congress beholden to industry lobbyists.
People need to understand what’s happening and vote accordingly (and write to their Congresspersons) if they believe consumers, especially air passengers, should have rights.
Honestly, what is happening with AA? They used to be “decent” , but lately it’s been absolutely ridiculous. I’m actually just back from the airport, MIA, my flight was delayed 4 times, then a gate change to the opposite end of the terminal, I get there and they are announcing another flight. I ask the gate agent who snaps at me and points at the screen pretty much asking me.if I can read. Then my flight is canceled. Last month, it was 9 hours late. I could go on as my last 6 flights have been late. And they never apologize. I truly think they bring a big number of air rage incidents upon themselves by treating passengers so horribly.
Ok, I needed to vent, obviously, but what sucks is that when based in MIA one doesn’t have a choice, really, when flying domestic. When going international, I NEVER fly AA.(and to end on a lighter note, when we ask each other at what time our flights are here we say “at AA o’clock”.
I stopped flying American Airlines in the mid 1990s because it was so horrid. I see nothing has changed.
Garbage airline that hires garbage people.
Many of these so called flight attendants need to be fired.
In my opinion, and I once worked for an airline, these morons are just pricks that need to be put out- preferably at 30,000 feet.
I have said for over 50 years, Americans are the new Nazis and American Airlines the worst of a pretty odious bunch. They actually hate their passengers. Such despicable behaviour would not be tolerated in my part of the world but indeed would not occur because we have a respect for fellow beings that is utterly lacking in the US.
I knew it just from the tone of what he wrote. Here is @J Smith here: https://www.youtube.com/shorts/zk62PtaSKgA
I can only hope that I never experience the complete “American Airlines” experience as has been exposed almost daily.
American Airlines has turned into a shit airlines. After my last experience with them in June, never ever again! We lost over $1000.
Yet another reason to boycott America Airlines. Buying a ticket with them is just supporting bad behavior and bad customer service. They will change their policies when it hits their pocket book.
It doesn’t matter what airline it is, I absolutely hate flying because of the aggravating and sometimes absurd service and conditions. If my destination is within 6-7 hrs, I drive. Airlines are generally a miserable experience.
I can see it. An AA robotic box building device builds a box around each passenger after they check in at the gate. The boxes are then forklifted into the airliner, a high wing military cargo type aircraft. Standard palletized cargo locks hold the pallets of boxes in place.
Just another reason i don’t fly unamerican airlines. A vietnam vet
I can’t believe that AA is dumb enough to let this get to a court.
Also, you just know that Spirit is watching the outcome here. If AA prevails, expect to see a new fare class at Spirit: Standing Room Only.
Last time I flew American the gate agent and both flight attendants in the business class section flat out lied. Gate agent said my bag wouldn’t fit when it clearly does I’ve flown that aircraft many times. I got on the plane with said bag and the first flight attendant said I needed the gate check it and I asked her why and she said because we’ve had a lot of complaints. Say what. Then three other gentlemen not together boarded the flight and we’re told the same thing. Their bags were absolutely tiny more like under seat bags in fact all three of their bags would have fit under the seats. The second flight attendant told him they needed a gate check One of the guys ask to see a rule on that and of course she said it was FAA policy she couldn’t show him the rule. I hope AA is a no-show in small claims court and the person suing wins by default.
I was worried about this exact thing happening on AA when I recently traveled to MSP with an infant-in-seat. I too had purchased the CARES seat belt in case I was challenged by AA flight attendants, and I had a screen shot of the policy from the website (because with AA you have to fight with their own posted policies).
Customers traveling on AA should remember 4 things: 1) Do not escalate emotionally and do not increase your volume. 2) In hubs when you run into a problem prior to your flight boarding ask for a Flight Supervisor. In smaller locations they would be a Station Supervisor/Manager. 3) If you have boarded and have a disagreement with a Flight Attendant ask for the Pilot In Charge. 4) Make sure you are actually correct and bring copies of posted policies/practices.
In both cases remember an employee is going to talk to the Flight Supervisor or Pilot In Charge first. So, if you have a disagreement be nice, reasonable, and fact based. Most AA employees are okay with being wrong but not if you embarrass them along the way.
No one sucked up AA in the last big merger wave. They’re kinda “ wingin” it as they go. Lately I have not been impressed.
I use to work for AA and some (not all ) of these FA are so snobby and entitled. I once had to put a FA in her place because she wanted a passenger off her plane because her rude behavior he took a pic of her name tag. I went onboard to take him off and then she refused to let him off until the FBI came…haha…I laughed in her face told her the FBI isn’t coming because he took a pic of her name tag. She literally kept him hostage until the police arrived. This guy was a very frequent flyer and never caused an issue before. He was always very nice. She was stupid and hope she got fired.
AA and United in a race to the bottom in customer service. But, I’m sure shareholders and CEOs are happy and well-served.
Gary us loyal to AA because he lives in Austin and AA dominates that airport.
During the last several years, American Airlines has become unworthy of it’s name. They’ve received an excessive amount of negative press that demonstrates they clearly don’t care about the passenger experience. The airline continues to disappoint us. It’s a shame. Although I live by one of their hubs, I’m flying other airlines more and AA less. I’m contemplating whether I should cancel my AAdvantage MasterCard that has a $95 annual fee. I can probably switch to a credit card of a more worthy airline….
Good grief, refund the ticket. So dumb. Of all the stupid things to take a stand on. Come on, AA.
First thing AA will do is get it moved to arbitration, instead of court. That is specified on the contract of carriage and is the appropriate venue. Then it will likely be found in AA’s favor since their contract is very one sided and basically allows the airline to establish whatever rules they want. May not seem fair but legal and how it will likely go