Jury Finds In Favor Of Airline In Negligence Action Linked To The Air Carriers Access Act And Passengers With Disabilities

Previously published in Skywritings, The Newsletter of the Aerospace Law Committee

On June 23, 2011, a jury in the Eastern District of Pennsylvania returned a verdict in favor of Independence Air and against a passenger with a disability who fell down the stairway of a commuter jet when deplaning at the Philadelphia Airport.1 The case involved the standard of care under state negligence law as to the type of assistance an airline is required to provide to passengers with disabilities and to what extent the directives embodied within the Air Carriers Access Act ("ACAA") could impact that standard of care.2

The passenger had an above-the-knee amputation and ambulated with crutches. The airplane utilized integral stairs, that is built-in steps that folded into the main cabin door during flight and out to the tarmac for boarding and disembarking. The passenger's negligence claim was based on two primary contentions: (1) that no one had offered him any assistance in disembarking; and (2) that, even if they had offered assistance, they failed to explain the type of assistance that was available – such as a lift or a straight-back chair. He claimed that the narrow width of the stair treads made it more dangerous than usual for him to descend without assistance and that, had he known that a mechanical lift could be provided, he would have used it and avoided his fall.

The pilot and the flight attendant both testified that they did ask the passenger if he needed any assistance and that the passenger had stated that he could manage by himself. They admitted, however, that they had not explained the various types of assistance that could have been used. In addition, a member of the ground crew testified that he also offered assistance to the passenger, and specifically offered use of a "lift," but that the passenger declined. He also admitted, however, that he had not explained to the passenger the specifics of how a lift operates or how it could have been used.

The testimony of the airline personnel was consistent with the implementing regulations to, and Department of Transportation guidance associated with, the ACAA, 49 U.S.C. § 41705 et seq., pertaining to passengers with disabilities. Those regulations stress that passengers with disabilities are the experts as to their needs and capabilities; that an airline may not require passengers to accept assistance; and that airline personnel should comply with the passengers' instructions on how best to...