Can You Sue an Airline for Mishandling Your Wheelchair?
Can you sue an airline because they damaged your wheelchair, delayed your deplaning, or otherwise infringed on your rights as a wheelchair-user? That’s a question I often get. And rightly so, because litigation is a logical solution to bad customer service.
To be honest, you can sue anyone for anything; however the bigger question in this case is, will you prevail in court?
An unfortunately in cases regarding the Air Carrier Access Act (ACAA) — the law that mandates wheelchair access on US airlines — the answer is no.
The Air Carrier Access Act
The ACAA, which was implemented in 1986, covers access issues on US airlines and on flights to and from the US. It’s the law of the land as far as accessible air travel goes, and it even predates the Americans with Disabilities Act.
It’s written in a readable format — minus the legal jargon — so I always encourage folks to read it, so they fully understand their rights (https://www.ecfr.gov/current/title-14/chapter-II/subchapter-D/part-382).
Unfortunately the ACAA does not allow for private lawsuits. On the other hand it doesn’t specifically prohibit them either. So, it was basically up to the courts to decide if you can sue an airline for for a disability-related issue. And although the ACAA has been mentioned in numerous other cases, the final decision on this matter came in 2017 in Stokes v. Southwest Airlines
Stokes v. Southwest Airlines
In Stokes v. Southwest Airlines, Kelli Stokes claimed that her autistic son suffered physical, emotional and mental injuries, because of a denied boarding due to his disruptive behavior and disability. The lower court dismissed the case, on the grounds that the ACAA did not specifically provide for private lawsuits.
And the Fifth District Court of Appeals upheld that decision. The final ruling held that no private right of action exists to enforce the ACAA. So, yes, you can always try to sue, but because of this precedent, then it will most likely be dismissed. And with that in mind, you’ll be hard pressed to find an attorney to take a ACAA case on contingency. So, can you sue an airline for mishandling your wheelchair? No, you can’t.
That said, even though you can’t prevail in a lawsuit if an airline violates the ACAA, there’s still something you can — and should — do instead. File an ACAA complaint. I know, I can hear the eyes rolling as I type this, but this is really the only way to effect change.
So, What Happens Next?
Will filing an ACAA complaint compensate you for your damages? No. If your personal property has been damaged or you have been injured by the airline, you need to take that issue up directly with them. Keep your receipts, bills and quotes and file a claim with the airline for your damages. You should always do this, however you can also file an ACAA complaint at the same time.
Granted the Department of Transportation (DOT) may do nothing more than log your complaint; however it’s essential to have it on file. That way if an airline continues to violate the ACAA, then the DOT has a paper trail of the complaints. And once an airline starts to accrue complaints, the DOT usually takes action.
What do they do? Well they can issue hefty fines, require remedial training regarding access issues, and even order the airline to implement new policies. But again, nothing will happen if you don’t file an ACAA complaint.
It’s easy to do — here’s some more information about it. https://emerginghorizons.com/how-to-resolve-a-wheelchair-access-travel-complaint/
So next time your rights are ignored when you fly the friendly skies, don’t just look the other way. File an official complaint so some remedial action will be taken. It’s really the best way to make air travel more accessible, and to make sure that the ACAA is followed.