‘A PASSENGER HIT ME ON A FLIGHT’: WE ARGUED OVER THE ARMREST. IF I SUED THE AIRLINE, WOULD I HAVE A CASE FOR EMOTIONAL DISTRESS AND NEGLIGENCE?
Dear Quentin,
I have experienced several episodes where fellow airplane passengers were behaving badly. I am in my early 30s with a small build. Recently, a passenger hit me on a flight after we argued over the armrest. I am wondering if I am doing something to invite trouble. The man sitting next to me was not particularly big, but he was bigger than me. He completely occupied the armrest and kept poking his elbow into my side. I gave him a few looks to politely protest, but he didn’t seem to care.
When I got a chance, I kept my hand on the armrest. This guy pushed my hand away and forced his hand back onto the armrest. He got very agitated and said I should travel in first class if I am not OK with that. I thought of pointing out that he cannot touch my body in any way, but he kept forcing his elbow into my body, so I called the attendant. Seeing this, the man got further agitated and hit me on the chest. I complained to the flight attendant that the man hit me. He denied it.
A similar incident happened in the U.S., when passengers behind me very rudely kicked my backrest. I informed them that they were kicking my seat. One person’s kicking got more aggressive, and he stretched his legs out so his feet were underneath me, then complained that I was kicking his leg. I have had several such incidents where I feel the person behind me kicking my seat or poking me. Is alcohol to blame?
Usually, I don’t complain. But when I have complained, these people get really upset. I want to mention that these incidents represent about only half of my travel experiences. About half the time, my fellow passengers are very considerate and careful people. However, I am anxious about traveling this Labor Day weekend. Hopefully, your wider readership may benefit from my experience, too. Do you have any suggestions or advice?
Should I sue for compensation if this happens again?
Nervous Traveler
Dear Traveler,
It doesn’t matter if you’re small in stature or if you’re 6’5” and work in finance — you did not ask to be pushed around and no one should be subjected to this on a flight. Traveling is stressful enough without madcap seatmates. Whether this rises to the level of negligence and/or emotional trauma is doubtful. Furthermore, it does not seem like you have any physical injuries resulting from either of these incidents.
You engaged in a bit of armrest Olympics and, frankly, you’re probably not the only one. When passengers are in a cramped space, tired and emotional, uncomfortable and, yes, in some cases inebriated, tempers can flare and things can get out of hand. We are also fighting for our survival one elbow at a time. Humans are territorial and competitive. You can see this everywhere — in areas like finance and real estate, and in places like bars and airplanes.
A 50-year-old study from the Journal of Human Evolution on the social evolution of hominids (of which we humans are the sole survivors) unpacks your armrest and seat-kicking misadventures without fuss, fault or favor. The analysis combined data from primates, carnivores and human hunter-gatherers to reconstruct early hominid behavior. It turns out that all it takes is a lack of sleep or a couple of drinks for humans to act like they have a 7 million-year hangover.
“Hominids, throughout most of their evolution, were organized into stable groups with the capacity to disperse into largely independent subgroups that remain affiliated with each other,” anthropologist Glenn E. King wrote. “During the course of hominid evolution, territoriality became an increasingly important function of the larger, stable units.” Alas, passengers on a plane are not as fortunate as hominids. They do not form a unified social group and, as such, they are not very stable.
Humans are territorial and competitive. You can see this everywhere — in areas like finance and real estate, and in places like bars and airplanes.
More serious incidents could result in legal action. “When a passenger is injured in flight, the airline is usually liable,” according to Avrek Law, attorneys based in Newport Beach, Calif. “Additionally, when an airline employee was in some way negligent and a passenger was injured as a result, then the airline may be liable. For example, if a flight attendant rammed a food cart into a passenger’s arm, causing an injury, the airline would be liable.”
Suing an airline would be a long, arduous and complex process. The law firm adds: “Similarly, if the flight attendants failed to make sure that an overhead bin was properly closed, and as a result a bag fell on a passenger, the airline would likely be liable. However, if an overhead bin flew open because the latch was defective, the airplane manufacturer may be liable based on a product liability theory, while the airline may escape liability.”
And the potential for third-party liability doesn’t end there: “If air traffic controllers made an error that resulted in two airplanes clipping each other on the runway, the FAA may be liable,” Avrek Law adds. “If the recklessness of a contractor servicing an airplane results in an injury, that contractor may be liable. While airlines make it their top priority to make passenger travel as safe and comfortable as possible, passengers can be injured during a flight.”
The armrest-hogging and seat-kicking antics appear to fall somewhere between Level 1 and Level 2 in the IATA’s breakdown of egregious behavior.
You might be wondering: Has there been an increase in passengers behaving badly or are there just more TikTok videos documenting unruly behavior? It looks like the former. Reported incidents on airplanes increased by 47% from 2021 to 2022 — the equivalent of one incident per 568 flights, up from one incident per 835 flights. There was a surge in travel after the pandemic, which could have led to more crowded planes and, yes, to more argy-bargy.
The International Air Transport Association categorizes egregious onboard incidents into four levels. Level 1: “Intentionally non-compliant with safety regulations and policies. Boisterous/lively/excitable, particularly when traveling as part of a group. Argumentative.” Level 2: “Physically aggressive. Obscene or lewd physical contact. Causing damage to aircraft fixtures or equipment.” Level 3 is dangerous behavior and Level 4 is sabotage or hijacking.
The armrest-hogging and seat-kicking antics fall somewhere between Level 1 and Level 2. Can you sue? You can do anything you wish. Should you sue? Unless you have been physically harmed in some way, I don’t see any path to compensation. That doesn’t mean what happened was right, but without witnesses (or video evidence), it’s your word against theirs. And the only winners in this situation, as often happens, would be the lawyers.
Michael O’Leary, the CEO of Ryanair, has called for an alcohol limit at airport bars amid reports of drunken vacationers.
Alcohol does not help. In fact, Michael O’Leary, the CEO of Ryanair Europe’s largest airline, this week called for an alcohol limit at airport bars amid reports that vacationers are getting the party started too early. He told the Daily Telegraph that there should be a limit of two drinks per passenger at airports. If the duty-free sales representatives scan the barcode on your boarding pass, why not the bar staff? Although it would be tough to enforce, it makes perfect sense.
Drinking alcohol on a plane has the potential not only to affect your fellow passengers — it could also be bad for your health. When you sleep on a flight, it exacerbates the drop in blood-oxygen saturation caused by the decreased oxygen partial pressure in the cabin, which can lead to a spike in heart rate — and all of that is further exacerbated by alcohol consumption, according to a study, published last June in the Thorax, a monthly peer-reviewed medical journal.
So what do I advise for your Labor Day weekend travel? Smile at your fellow passengers to signal that you are not an enemy. That one simple gesture can magically diffuse a tense situation and temporarily reverse millions of years of evolution. Ask the person behind you if they mind before you recline your seat. (I too once invoked the ire of a seat-kicker on a flight to London after I reclined without alerting the fellow behind me.)
Get lots of rest. Don’t sweat the armrest. And get to the airport early.
The Moneyist regrets he cannot reply to letters individually.
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