Do airlines have “no duty” to offer passengers a stress-free environment?

by Christopher Elliott on April 9, 2009

The case of Catherine Ray vs. American Airlines — better known as the false imprisonment lawsuit on which passenger rights advocates had pinned many of their hopes on re-regulating the airline industry — came to an unceremonious conclusion last week when a federal judge dismissed the lawsuit.

The mainstream media coverage has stuck to the facts, without exploring what precedents, if any, were set when the case was thrown out of court.

The Arkansas Democrat & Gazette reported that Ray sued the airline on Jan. 31, 2008, saying the carrier confined her to a plane against her will. She said the airline failed to provide food, water, fresh air and allowed her airplane’s toilet to fill up when it wouldn’t flush properly.

American Airlines and American Eagle, its regional partner, blamed severe weather for the decision to divert 121 planes for safety reasons. Planes were diverted to airports in Austin, Little Rock and other cities.

A subsequent story in the travel trade publication Travel Weekly reported virtually the same facts, and included fresh reaction from passenger rights activist Kate Hanni.

Bloggers were more opinionated about the decision. Jared Blank, writing on Online Travel Review, said “this case had zero merit.”

Although the judge’s decision is not publicly available online (no one really knows why) the Democrat & Gazette pointed out that the document included language that American Airlines had no duty to provide Ray “with a stress-free flight environment.”

That has some troubling implications for airline passengers everywhere.

Are the courts condoning torture? It wouldn’t be the first time an American court has rubber-stamped that practice. Nor, probably, the last.

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Tagged as: American Airlines, Delay, Tarmac

  • Frank

    Of course the Judge dismissed the case. Her claim was false imprisonment. And, if you read the link in the story, she was offered the opportunity to get off the plane at the diverted location. HER DECISION to stay on the plane was HER CHOICE.

  • Paulette Bake

    When I board a plane, all I expect is to get from Point A to Point B safely. To expect a stress-free environment while shut up in a metal tube with a couple hundred other pax is ridiculous. This woman’s claim of false imprisonment was specious. She wasted the court’s time — an my money.

  • Paulette Bake

    Sorry, I meand “and” my money!

  • Paulette Bake

    “Meant” not “meand.” Obviously, I can’t type today. I surrender!

  • Christina

    Obviously, you guys don’t know all the facts to this case. The pilot said that if anyone got off the plane they would have to buy thier own ticket, AND he said that he would advise them to stay on the plane with him because they would be taking off soon, obviously by the 9th hour they got off finally. Every few hours he would say the same thing. The people on the plane were in hope that the pilot was right…did you know that AA employees get paid as soon as they leave the terminal? They dont get paid if they are parked at the terminal.

    Also, there were gates open but AA decided against to send the parked planes to them.

    And, I bet you anything the main managers who know what they are doing were not there because they were all on vacation, while the undergraduate managers were there freaking out on what to do.

    know your facts before you judge someone.

    AND the judge never read over 10 depositions before he decided to dismiss this case. What judge does not read all the evidence before he rules his case? Obviously he does.

  • Mr Bad Example

    One of these days these situations will stop quick, fast and in a hurry.

    This is merely a prediction and nothing I advocate.

    One day around 6 hours onboard a completely full CRJ, All 50 customers will rise from their seats and DEMAND to be let off the plane and fearing for their personal safety the crew will get to a gate.

    Once at the gate the airline in question will start with their usual BS and what will now be an out of control angry mob will raise such a stink that police will be called and some of the more outraged will take on the airport police and the “event” will make International News.

    That’s when change will occur. Unlikely to happen sooner.

  • Frank

    On April 11th, 2009 at 10:16 pm Mr Bad Example said One of these days these situations will stop quick, fast and in a hurry.

    Once at the gate the airline in question will start with their usual BS and what will now be an out of control angry mob will raise such a stink that police will be called and some of the more outraged will take on the airport police and the “event” will make International News.

    That’s when change will occur. Unlikely to happen sooner.
    ============================================================

    Apparently, you never flew PEOPLE EXPRESS in the eighties over at EWR.

  • Frank

    On April 11th, 2009 at 12:16 pm Christina said Obviously, you guys don’t know all the facts to this case. The pilot said that if anyone got off the plane they would have to buy thier own ticket, AND he said that he would advise them to stay on the plane with him because they would be taking off soon, obviously by the 9th hour they got off finally.
    ======================================================

    How does that change the FACT of False imprisonment? The passenger wasnt RESTRAINED, now was she? IT WAS HER CHOICE TO GET OFF OR STAY.

    On April 11th, 2009 at 12:16 pm Christina said Also, there were gates open but AA decided against to send the parked planes to them.

    And, I bet you anything the main managers who know what they are doing were not there because they were all on vacation, while the undergraduate managers were there freaking out on what to do.
    ——————————————————–
    Really, on vacation in the middle of winter? January? ALL MANAGERS? Who’s an undergraduate manager at AA? Seriously, these excuses are laughable.

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