FEDERAL JUDGE DISMISSES NEGLIGENCE CLAIM AGAINST AMERICAN
February 26, 2024
On January 12, 2024, the United States District Court for the Central District of California (the “Court”) dismissed a negligence claim against American Airlines (“American”) related to a passenger’s injury while boarding. The injured passenger alleged that American was negligent when it failed to warn her about a reclined seat which obstructed her path while boarding. After noting that air carriers must ensure seats are upright during takeoff and landing, the Court distinguished boarding by explaining that air carriers are not required to guarantee upright seats during the boarding process. Furthermore, the Court held that American did not breach its duty of care because no federal safety regulations required warning the passenger about the reclined seat.
Additionally, while the passenger failed to properly assert in her complaint that American, as a common carrier, was strictly liable for her injuries, the Court nevertheless addressed the issue. Even if she had properly alleged a strict liability claim against American, the Court concluded that “common carrier status does not trigger strict liability” in California. As such, the Court determined that there was no basis for the passenger’s negligence claim against the airline.
If you have any questions, please contact Evelyn Sahr at 202.659.6622 or esahr@eckertseamans.com; Drew Derco at 202-659-6665 or dderco@eckertseamans.com; Jay Julien at 202.659.6648 or jjulien@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.
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