Liability of Pets in the Air: Questions Raised after Family Dog Dies in Flight

For quite a while now, flying has long been touted as the safest mode of transportation. While statistics may back this assertion, recent happenings may not paint the same picture.

Last week on Monday, while aboard a United Airlines flight, a dog died in mysterious circumstances. There are those who would, however, phrase the issue in a totally different light, citing negligence on the part of the airline company.

The fact that an overhead bin is solely meant for luggage makes one curious as to why the flight attendant insisted that the dog needed t0 be put there

What exactly transpired? A woman was flying to New York from Houston together with her kids and her small dog when the worst happened. According to a fellow passenger, the lady boarded the plane and wanted to keep the small dog under her seat. However, the flight attendant would have none of that and made her put the animal overhead.

Somewhere along the 3-1/2 hour-long flight, the dog died. The woman only noticed during touchdown as she tried to get the dog from the overhead compartment. Due to her fondness for the dog, she was unable to withhold tears flowing upon discovery of her dog’s fate. There she was, crying in the airplane aisle’s floor while fellow passengers gathered around in astonishment.

The Response

Once the story got to social media thanks to pictures posted on Twitter by one of the passengers, Maggie Gremminger, United Airlines sought to clarify the incident. They managed to refer to the incident as a ‘tragic accident that should never have occurred in the first place’.

United Airlines was in the hot seat in 2017 for having the most animal deaths of any major airline in the US

United Airlines spokeswoman Maggie Schmerin communicated that the company was reviewing the incident and had meanwhile reimbursed the family of their plane tickets, all inclusive of the $125 cabin fee.

History

While United have fantastic PR and legal teams, this issue seems to be all too common to them. In 2017, the company registered the highest number of animal fatalities among US carriers. The Department of Transportation put the statistics as 13 injured and 18 animals killed during flight.

Who is to be held liable?

When an activity like this transpires, it’s commonplace to find someone to be held liable. In fact, such a situation can result in criminal liability if it is determined that it went against animal anti-cruelty laws. There could further be a civil liability imposed if it is determined that the animal’s death was as a result of negligence.

With regard to this case, the first response from United Airlines was giving the family a full refund of their tickets, with each being about $125. Furthermore, they boldly declared that they were deeply saddened by the unfortunate occurrence and were vehemently against such situations taking place.

Despite getting a full refund of their tickets, the family is still grieving the fact that their beloved dog is gone. It’s only a matter of time before they take action against the flight attendant

What to expect

However, it’s unlikely that liability will fall upon the airline. In fact, the carrier’s policies make it clear that it’s not in their dogma for pets to be put in overhead bins amid flights. Sadly, the family cannot sue the airline for the uneventful circumstance. However, they are able to sue the flight attendant in question who had instructed them to put their pooch in the overhead bin. But why did they immediately comply?

That’s because refusing to comply with a flight attendant can result in major problems for you. You can get penalties such as being ejected from the plane, facing major fines from the Federal Aviation Administration, and even some unwarranted jail time! And even if they do manage to successfully sue the flight attendant, the bitter truth is that the family won’t be able to have the dog in their arms again.