Marlin Jackson was onboard a Delta flight from Atlanta to San Diego on Sunday, sitting in a window seat on the left side of the aircraft. The passenger in the middle seat in his row was traveling with an emotional support animal — a dog weighing about 50 pounds. The dog was sitting in the passenger’s lap. I mentioned this story on Tuesday.
Mr. Jackson sat in his window seat while the dog reportedly growled. Since he was sitting in the window, he was pinned in when the dog attacked — twice, reportedly for 30 seconds.
Pets flying in the cabin usually cannot be more than 17 pounds and must be inside a carrier underneath the passenger’s seat, although given risks imposed on airlines by the Air Carrier Access Act they’re reluctant to push back on passengers (let alone charge them, like they do for pets) who claim to need whatever animals they wish to bring for ’emotional support’ reasons.
In this case the dog caused real damage — apparently puncturing the passenger’s lip and gum. He received 18 stitches.
He’s since retained legal counsel, who shares a photo of the man’s injuries:
His attorney J. Ross Massey of Alexander Shunnarah & Associates shares,
It is troubling that an airline would allow a dog of such substantial size to ride in a passenger’s lap without a muzzle. Especially considering the dog and its owner were assigned a middle seat despite Delta Air Lines’ policies that call for the re-accommodation of larger animals.
We expect airlines to follow procedures as required and verify any dogs travelling unrestrained in the open cabin are trained for handling the large crowds and enclosed environments encountered on board an airplane.
Ultimately I’m perfectly well in favor of pets traveling in cabin when they need to provided they follow rules for safety. My yorkie is too old to travel well at more than 15 years old, but on rare occasions he flew — and flew well. Here he is at the Dallas Fort-Worth D terminal pet relief area during a connection (connections afford the time for a potty break).
I believe pet in cabin policies should be more liberal than they are currently, and that cost and restrictiveness have led to the explosion of using the claim of emotional support as a justification to avoid those rules. The solution likely lies in simultaneously cracking down on ‘anything goes’ with emotional support animals and extreme restrictions on pet in cabin.
- Require a veterinarian’s note about the fitness of the animal to travel around other people
- Require insurance provided by the passenger
- Require that the pet either fit underneath the seat or in a paid-for seat next to the passenger
- Require that in all cases that they remain inside a carrier while inflight.
- However there shouldn’t be a pet in cabin fee, and certainly not one that’s often higher than the cost of the passenger’s ticket, since the pet takes the place of the passenger’s allowable carry on bag anyway.
It’s reached the point where we need a solution that no longer encourages passengers with animals to cheat the system through a giant legal loophole.
Well, united may have a deeper pocket. But the passenger that brought the dog must also made to pay some compensation for the injury. Emotional support or not, the owner responsible for the dog. As simple as that.
By the way, which are more important:
A. Mental stability of person needing emotional support animal; or
B. Well being and comfort of passenger in an aircraft?
Suing the airlines for millions is definitely the way to go here, they need to pay up and clamp down on all ESA’s – being a combat veteran doesn’t give you free pass to bring your dangerous untrained animal onto the aircraft. If the dog is properly trained and certified as a bona fide service animal thats a whole different case.
What’s with all the fuss? Just a couple of nips that barely broke the skin. I have bigger cuts from shaving this morning.
I hope he gets millions and they also award punitive damages to make an example out of the airline.
Liberal snowflake can’t handle a little give and take with a deplorable dog. Make America great again.
Gary, why does this story make you automatically assume this passenger is trying to “cheat the system?” I’m not going to deny that there is some that do but why do you rush to judgement that a combat vet who did a tour in Iraq is trying to cheat the system. Yes it is his job to maintain control of his animal but you shouldn’t just group him in with the people that are faking or claiming a turtle as a joke. You have no idea what is disability is. Is this story just good publicity so you don’t mind throwing a vet under the bus? As a veteran I have seen ESA’s help thousands of vets. I have always enjoyed reading your blog because you write good stories and tell the facts. I’m sorry to say you are wrong about this one.
I am not saying all passengers are trying to cheat the system just that it seems to be common, and that there are consequences to it, there’s a problem with current approach to emotional support animals and I think there’s a better approach.
Emotional Service Animals require a prescription from a doctor. If you want to affect change, crack down on the doctors who write prescriptions online without even a having a conversation with the patient to determine if the need is legitimate. The ESA program is wonderful and necessary. It is being abused. My ESA is a pig. I could throw a fit and demand my right to travel with him, but I don’t. Because other people have the right to be comfortable too. If I need to travel, I drive with my pig. I consider my animal a privilege, and I don’t abuse that privilege or use it to override the rights of others. I’ll bet they find out the animal was certified by a sketchy online service.
I just adopted my Emotional Support Dog. He is and a Rat Terrier Mix. He 8 and my world. I am sure sometimes flying is easier or necessary but, people also need to take responsibility of their companions and other passengers. I have family in Tennessee 9.5 hour drive, Texas 19. I have already taken Bossman on the road he loved it. I let me know potty time, I am hungry, thirsty etc…
Eventually we will do Texas to meet his Uncle and two cousins. Please think before booking you know your companion not the passenger next to you.
Seeing eye dogs only in the cabin. Period. More liberal? It’s people like you and your selfish alleged needs that caused this.
This goes to Nick that posted on June 6.
I’d like to say that I am a combat veteran and I own three ESA’s and they do not have to be trained as you so eloquently phrased it.
The animals that DO get trained are SERVICE dogs and THERAPY animals due to their close responsibilities for their owner and/or their patients that they provide ease to.
I agree that the dog was oversized and uncaged and this incident could have been avoided. However, don’t throw all of us under the bus due to your lack of knowledge regarding Emtional Support Animals.
Most ESA’s are untrained house pets providing comfort through companionship.
I say this because I have three cats and it is not practical to train a cat to look out and watch for medically related issues such as low blood sugar or possible stroke through body language interpreted only by a TRAINED dog.
Hence the use of SERVICE dogs and THERAPY dogs for those situations.
I do not care for dogs, particularly large dogs, dogs that jump all over me or dogs that want to sniff me all over. If I was sitting next to a dog on a flight I would need some emotional support and it wouldn’t be from a animal. What are my rights? I don’t want to trample on others rights but then I don’t want them to trample on mine. I’m not sure what the answer is – perhaps finding out prior to a flight if I wold be sitting next to an animal.
I have an ESA and I travel frequently with her. This article needs to brush up on the law, because the information on ESA’s is incorrect.
The animal can travel on your lap or under the seat. When I go to the airport. I am faced with ignorant workers who make comments and imaginary requirements that are not per policy. Infact, the comments could have them fired. I have filed a report requesting more training…especially at an east coast airport.
My dog weighs around 19 lbs and sleeps mostly on the plane. We receive many compliments and people are shocked and they always say how quiet she is. I would never put a muzzle on her, however I would like to put one or two muzzles on a few staff and passengers who are more disturbing at times.
I do not judge because you never know if the man did something to provoke the dog. We are only hearing one side. I am sorry however that the man was bitten.
I have people approach my dog all the time and reach out towards her without
permission.This is not a good idea. Think people before you react. Also, read up on the laws instead of condoning with inaccurate information.
@Richard, call them what you will. I’m in favor of allowing dogs to fly with those who medically need them, veterans included. But the system needs to be changed to raise the bar so this doesn’t happen. That probably means expensive and costly training for all animals that don’t go in a crate. That’s basically the policy they have in the U.K.
Bringing a pet on board costs $150-$200. An ESA is free. You can go to any online “doctor” who will write you a prescription and sell you all the badges and certificates needed. That costs between $170-$200.
So it’s simple economics. I’m not saying there isn’t a need for certain people, but the vast majority just want Fluffy or Rocky to ride along with them for free.
You ain’t gonna ever muzzle my emotional support alligator, Fluffy! When your wimpy, unmuzzled, free riding, so-called “emotional support animal” gets crazy and goes on the attack it will just save me having to order Fluffy’s lunch from the food cart. Chihuahua tastes just like chicken to a hungry Florida gator.
Muzzle the dogs. Sue the airline? What did they do wtong? They probably would have been sued if they refused this ESA dog on the flight.
Still not much media coverage of this incident: America just loves its dogs too much.
Suing DL seems unfair because DL could also be sued for not allowing the dog to fly. I’m certain DL (and all airlines) would love to ban ESAs from the cabin (who needs this hassle, and maybe they’d collect some additional cargo revenue). But the law doesn’t allow them to.
I kind of like the idea of requiring passengers bringing ESA on board to provide proof of insurance and be responsible for any injuries and damages caused by their animals. But who would write that insurance? Would such a thing be covered by regular homeowner’s or umbrella coverage?
I kind of like the idea of requiring passengers bringing ESA on board to provide proof of insurance and be responsible for any injuries and damages caused by their animals. But who would write that insurance?
The airline could take the lowest bid from an insurance company to cover all ESA’s, passing the charge on to customers.
I was bitten by a dog when i was younger and it left me very nervous around any dogs. Im a frequent flyer and I feel its unfair for me to have to sit next to a dog thats untrained, and it happens regularly. I find many dog owners oblivious to the sensitivities of non dog owners, and this example shows that its out of hand. Its my observation that most dog owners are trying to avoid the cost of paying to transport their dog with them, so they use the ES loophole. Doctors get paid to write these letters, so theres no incentive for them to question the dog owner about the validity of their claimed needs.
You are asking for more liberal animal policies in an article about a man being mauled by a dog that is more than likely untrained and a fraudulent service animal? Trained service animals have gone through YEARS of training and one barely knows they are in the room. Also their owners/handlers know the rules.
I am a flight attendant and EVERY SINGLE DAY I go to work I see untrained animals being passed off as service or Emotional Support Animals. More often than not the dogs have to be “supported” by their owners. Just this week I had 2 dogs who were “afraid to fly”. How are they support if they are more anxious?! You know what anxious animals do? They attack! This poor man is just the beginning!
If one wants/needs to travel with a pet, they need to follow the rules, pay the fees and deal with it. (And no you cannot buy a seat for them bc even actual/real Service Animals are not allowed to occupy a seat per FAA).
It is so unfair to people who legitimately need these animals, who have been highly trained, to be lumped into this group of cheap counterfeits! The ADA fought for years to get the rights for service animals, seeing eye dogs, etc. It is now being exploited by greedy people. You think you’re inconvenienced by having to kennel or leave your dog at home? Try being inconvenienced when your “eyes” are attacked by an untrained animal being passed off as a service animal and you can’t find your way home or you child is attacked and mauled-or worse.
As for insurance… once you are attacked… money may help with bills, but will your face or your emotional state be intact? No way! Ask anyone who has even been the victim of a dog attack. It is a lasting trauma.
These animals don’t even have to be on a leash. I have had other flight crew growled at, bitten, sanitary issues. It is out of control!
This entire situation is spiraling and fast and needs to be rectified!
Everyone seems to have missed the real issue here. Any animal taken in an airline cabin must be sufficiently trained so as not to be a danger or a nuisance to the other people around it. Period. This dog was not. It is a vicious animal and a public nuisance since it attacked without provocation. It should have been immediately quarantined by Atlanta police.
Well let me just say this. If it is a legal ESA dog it should never bite and it should never be in the lap of the passenger. That is not allowed and I don’t know how that happened. I fly with my service dog a German shepherd and he does not ever sir in my lap or a seat. Yet he does stay in position on the floor with no problem and you wouldn’t even know he is on the plane if you didn’t see him. And they should have a good canine citizens seal to fly because they must pass that test to be one by a pro pet trainer.
Having an unmuzzled 50-pound dog on the lap of a guy in a middle is completely, utterly insane. “Trained” or not.
Case closed, the end.
The world is going nuts right before our eyes.
I do not care what the owner’s “need,” the law, Federal regulations, or anything else.
I hope this poor guy in the window seat walks away with $50,000,000.
I’m curious about some of the comments. Does stating you’re a veteran give some leverage to your comments? Or maybe because a veteran needs a dog to be hugged all the time, it is okay for an untrained dog sit in cabin (veteran already have boarding and luggage privilage, but they are hero so need more privilage).
I am flying for the 1st time in 26 yrs. I have clostrapobia, paritial deafness, stress due to some of my physical issues. Free of water. I am having to fly overseas. I have no other way of getting there. My dog is 10 yrs old. Well mannered, will be wearing a muscle and harness. My letter is not from a site off the internet. My letter is from my personal doctor how has been treating me for years. I am thankful that I am able to have her with me, as she will be able to alert me if someone is trying to speak to me, my balance issues and the like. We hope to sit in the rear of the plane where there are double seats and by window (give me strength), so as not to bother anyone. Our flight over water will be approx 10 hrs. I think most of you would feel better knowing that my dog even though 38-40 lbs will be there to keep me calm between my feet, than some crazed nut crying through the whole flight and wondering the isles. Pray we all have a safe flight. Its my dog and I who will be the uncomfortable ones in the back of the plane. Also, people need to quit trying to pet our animal, baby talking and bumping into or stepping on their feet just because you don’t like them. Thank you.
I am flying for the 1st time in 26 yrs. I am claustrophobic paritial deaf, stress due to some of my physical issues. Fear of water. I am having to fly overseas. I have no other way of getting there. My dog is 10 yrs old. Well mannered, will be wearing a muscle and harness. My letter is not from a site off the internet. My letter is from my personal doctor how has been treating me for years. I am thankful that I am able to have her with me, as she will be able to alert me if someone is trying to speak to me, my balance issues and the like. We hope to sit in the rear of the plane where there are double seats and by window (give me strength), so as not to bother anyone. Our flight over water will be approx 10 hrs. I think most of you would feel better knowing that my dog even though 38-40 lbs will be there to keep me calm between my feet, than some crazed nut crying through the whole flight and wandering the isles. Pray we all have a safe flight. Its my dog and I who will be the uncomfortable ones in the back of the plane. Also, people need to quit trying to pet our animals, baby talking and bumping into or stepping on their feet just because you don’t like them. Thank you.
Only in America.
One has to ask themselves If someone needs an emotional support dog just to get on a plane how fit is that person to fly alone and unsupervised?
Also, a general practitioner should not be allowed to write a script for the support animal it should only be a psychiatrist.
Finally just like a prescribing a very specific medication for a patients needs the psychiatrist should be writing a script for a very specific animal appropriate for the situation IE: Service dog for air travel no more than 20lbs.
What about concerns for people with serious pet/dander allergies? Don’t they have a right to travel in an environment as free of triggers as someone needing a ESA? Shouldn’t a physical problem that can lead to death outweigh an emotional problem that can lead to crying? This whole animal on a plane thing is beyond ridiculous….
To those who applaud the lawsuit against the airline and hope that millions are awarded, what exactly would you have done if you were in charge of the airline? Denied entry to the dog, and then get sued for violating the Air Carrier Access Act (and perhaps get beaten up in social media when someone records the denial and posts it)? To me, the entire emotional support concept is a ruse. My guess is that almost every dog or cat owner in the world could rightly say that he or she wants or needs emotional support from the pet. My impression (based in part on someone very close to me drawing disability checks) is that getting a diagnosis for a mental disability is not very difficult, and once you have that, any old mutt (even a puppy) qualifies. There is no certification for an ESA. ESA’s should be banned. It puts too much burden on the airlines, and I don’t want to sit next to them (and not just because dander causes me to break out in hives).
No way I would have sat in a seat next to a 50lb beast. Dogs are animals. They need to be locked up. Need emotional support? Get a teddy bear. Cheaper and they don’t bite.
I do not understand how the airline is responsible for this. I am a handler for my daughter’s service dog, who has had tons of training, and if he were to lose his mind and injure someone, I am responsible. I am the adult that is handling him in public, and it is my responsibility to have him under control at all times. ESAs don’t have the same access rights as service dogs due to their lack of training. Giving them access to airlines, for their humans anxiety, is a courtesy. I believe in that case that they need to have basic obedience and the owner needs to ensure that they are safe to the public. A large dog should never be on someone’s lap or in a middle seat. That person should have realized that and requested a change to make sure his dog was more comfortable. What I see happening because of these incidents is the rules changing and ESAs losing access to ride on airplanes and being restricted to home use only. It’s sad but you do have a responsibility, no matter who you are, to others around you when you bring a support animal in public.
First it appears virtually anyone can get a letter for an ESA. I am a pet owner but we are talking about a dog versus a human being. Letting a 50 lb. animal on a plane without some type of restraint is ridiculous.
Both the airline and the animal owner should be held accountable. What about passenger safety?
The thought of sitting in coach, or even first, on a domestic flight with my slow, 14 year old, generally affable, beagle-hound mix is preposterous. I would just never be able to control her for the entire flight and I have no idea whether the experience would be so stressful to her that controlling her would be that much tougher.
ESA’s are NOT specifically trained assistance dogs. They are family pets that may have no training at all and letting a 50 pound dog share a coach seat is irresponsible for the passenger and for the airline.
I love animals but unless they are seeing eye dogs they should not be in the cabin. Other than people who are moving i think its cruel to subject animals to transport. Leave fido at home. The emotional support nonsense needs to stop completely. If you cant fly without an snimal then dont fly and its damn well known that people are abusing this policy to get around fees.
Unfortunately, this is just the tip of the iceberg. The ADA has tied the hands of judges, business owners, and, individuals. According to FAA REQUIRED regulations, animals that are accepted are.. small horses, any size dog, cats, turkeys, monkeys, pigs, and, even tropical fish. The rate at which the ADA laws are interpreted, we will soon see ESAs being allowed at work, or, in schools, or, in jail cells. Any where a person may feel emotionally stressed, an ESA will be allowed. Again, aviation is only the tip.
Another more sinister worry of mine is how these ‘ESA dogs’ can be used to carry how terrorist attacks. Might seem preposterous, but with the lack of any real training required to obtain an ESA certificate for ones’ pet, has no one realised that this is just another way for those who wish to do harm, to smuggle some type of explosion device on board? So if I can just obtain any animal, go online and obtain an ESA certificate, & implant an explosion device into the animal, possibly with it timed yo explode at a certain time, when the plane is already in the air, to avoid the need to carry/conceal a detonator?
Has flight and aircraft safety become so blasé, that no one is even thinking about all of the risks that this raises?!
How do we know that the passenger didn’t edge the dog on. I have an esa and people literally bark at my dog trying to get her started. I’ve even had death threats. This was originally covered by Fox news and they don’t cover the whole story. Just there opinion. My anxiety and ptsd had went further up because of People who think Esa dogs don’t help. I have never came out of my home because of my ptsd. A friend does my cooking and shopping. Since I got my esa..slowly that has changed. So for the naysayers..get educated before jumping to conclusions.
I am tired of these animals got to travel on the plane, go in the grocery store, and now I see them in the restaurants while I am eating! If you can’t go out or travel without an animal you shouldn’t be allowed to infringe on my rights. It is not sanitary and too many are abusing it. Thanks to the internet and those who could care less about anyone else. It also screws the REAL ones who need it. So block them all. Planes and food places should not allow. Get someone else to go for you.
I have read most of these comments and I am a flight attendant . I will said most of the ESA animals that come on the plane are not ESA. It someone trying to get out of paying the fee. As to the person who said the passenger may have provoked the animal. Not necessarily , my co worker was bitten by an ESA while she was closing the overhead bins. I believe only 20% of the ESA that come on board are actual ESA. Most people who need a ESA really care about the comfort of other passengers, they control their animals. They even follow the airline rules about carry a pet around. This ESA has gotten out of hand.
I’ve commented on these threads before, so some thoughts….
@Donald – It’s not the pet fee that makes people sign up their dogs as ESA’s. It’s the fact that on nearly all airlines, dogs have to travel in the hold as cargo. For me personally, and I imagine most pet owners – This is unacceptable. If I just had to pay a fee, or pay for an extra seat, I’d happily do so. As Gary mentioned, if It was as simple as me paying for the entire row, and me sitting in the Aisle seat, so that my dog wasn’t near anybody, I’d happily do so. This is currently not an option. Hence, my Basset Hound is an ESA. Soon my other dog will be…..
When the rules regarding pet travel are so draconian, people will come up with workarounds. Recently, they banned dogs on the NYC Subways that aren’t “In a container” of some kind. The local news in my area is full of rather hilarious pictures of people with their dogs in “containers”. So people just bring in large bags, put them on the ground, the dog steps into it – and they are “contained.” The funniest was someone with a 50+ pound dog in a backpack. Some of the pictures are hilarious. The point however, is that there needs to be some middle ground. People with dogs are GOING to travel with them, and we will find workarounds. You think I can’t make my Basset Hound a *LEGAL* service dog? It wouldn’t REALLY be one of course.. But legally? Not a problem.
Side Note: I find the hypocrisy of people whining about having to sit next to an animal (Oh noes! The horror!) and how we are selfish, and only thinking of ourselves, and not them… Amusing 🙂
Gary, you sound like a trump nut. Get help
Oh my goodness. The airlines are damned if the do, damned if they don’t when it comes to this topic. Why is everybody pissed at the airline? When as a society did we decide that there is no personal responsibility or accountability anymore? The person liable in this situation should be the dog owner. Oh I know you’ve gotta sue them all in the good ole USA, but the airline kind of has their hands tied here. If they denied boarding to a disabled passenger or their ESA, you’d be all up in arms over violation of the ADA and how horribly the airlines treat xyz. In this case…they can’t win.
On a side note I truly hope the gentleman makes a complete recovery. How terrifying.
Manger, a previous writer, typifies smug and self-centered dog owners who believe their “right” to have their pet with them no matter what rule it circumvents or what danger it poses to others, outweighs the rights of other passengers. I don’t care if your dog is trained. I don’t care what rule you are trying to circumvent. I don’t care if you can’t bear to be separated from your dog. I don’t want to sit next to you and your unrestrained, uncaged, unmuzzled pet and I shouldn’t have to.
Manger, a previous writer, typifies smug and self-centered dog owners who believe their “right” to have their pet with them no matter what rule it circumvents or what danger it poses to others, outweighs the rights of other passengers. I don’t care if your dog is trained. I don’t care what rule you are trying to circumvent. I don’t care if you can’t bear to be separated from your dog. I don’t want to sit next to you and your unrestrained, uncaged, unmuzzled pet and I shouldn’t have to.
First of all Service Animals and Emotional Support Animals are different things.
The airline is required to allow both on free of charge or else they are getting sued.
Service Animals are trained, have certificates and its quite easy to tell if its a real Service Animal or not. The airline can easily tell and deny the boarding to any animal who it’s sketchy. I have seen huge Service animals that they behave perfectly (they are trained) and they are not a risk to anyone at the plane.
Now for ESA is another whole story, if the customer have the note of the doctor it can just go on the plane. Of course if the dog is barking and going nuts we deny their boarding but if we don’t see anything out of the ordinary just an obvious scammer we can’t do anything. They will sue the airline and we are going to get fired if we dont allow them to board because its a law. We need to allow customers to bring their “ESA” onboard if it has a Doctors note.
I hate everytime I need to check in or board someone that is obviously lying about needing an ESA. Of course they love their pet and they need them but is not the same thing to need NEED for your emotional stability a pet. People need to stop using this to avoid paying fees for animals because the people who obviously needs it can eventually loose this benefit.
If the airline is sued , fair or not , they will be prompted to find a better solution as a result .
If the hapless dog owner is held solely liable the ‘blood out of a rock ‘ adage applies and the troubling situation remains largely unchanged .
Should not part of the airline’s responsibility be to protect passengers from injury , including not being attacked by someone or something ?
It appears it is up to the airlines to determine a better policy for this issue since government has not . Motivation by costly lawsuit is generally effective .
Any idiot with access to google can get an “emotional support” certificate from a legal, registered doctor in the USA. These quacks are selling them online. SUE THEM AS WELL.
I also don’t understand why Delta would give the person needing emotional support and the emotional support dog a middle seat. At some level Delta is responsible as they didn’t muzzle the pooch. Those cuts look pretty painful and this passenger did not sign up for this, nor could be expected to know he would be seated beside a 50 pound angry dog.
People are crazy