A passenger is suing Delta Air Lines for $1 million, claiming that the airline’s negligence led to his injuries while onboard in 2022.
In 2022, Joseph Hippensteel was preparing to board a Delta flight from San Diego to Seattle when the alleged incident took place.
The lawsuit, filed earlier this month, states Hippensteel was in an aisle seat, buckling his seatbelt for departure when he leaned on the armrest. It collapsed, and both he and the armrest fell to the floor, contorting and twisting his right side, the complaint notes. He sustained a rib fracture and received assistance from a flight attendant and an onboard doctor.
According to the lawsuit, despite two repairmen being summoned, they failed to fix the armrest. This resulted in the plane departing with the issue unresolved. The lawsuit leaves unclear whether Hippensteel chose to stay on the flight or disembarked before takeoff.
The Passenger’s Legal Team Cites the Montreal Convention in Their Lawsuit
Hippensteel’s legal representative references the Montreal Convention, highlighting that airlines hold responsibility for any injuries passengers sustain onboard. This is unless negligence on the part of the passenger can be demonstrated.
The agreement caps compensation at approximately $170,000. However, the lawsuit seeks a total of $1 million, alleging Delta’s negligence as a contributing factor.
This convention is specifically applicable to international travel. Hippensteel was on a domestic flight from California to Seattle when he got injured. However, his lawyers claim the convention’s protections still apply to him onboard. This is because his ticket was for a connecting flight to London.
The Montreal Convention is frequently referenced in cases of passenger injuries. It was cited in a recent case where a 6-year-old was burned by a hot meal on a United Airlines flight.
Michal and Ben Fefferman filed their lawsuit in a Chicago federal court in February, related to an incident on a flight from Tel Aviv, Israel, to Newark, New Jersey, in July 2022.
The girl, known only as O.F., reportedly suffered burns when a meal spilled into her lap. It is alleged that the meal was excessively hot, resulting in severe injuries, according to Fox News.
The lawsuit alleges the girl suffered burns on a flight. It claimed the crew couldn’t provide medical help due to lacking supplies. She endured extreme discomfort for the rest of the 12-hour flight, resulting in scarring and disfigurement.
The family is seeking over $75,000 in damages.