FlyerTalk Forums - View Single Post - Delta sued by passenger allegedly attacked by emotional support animal
Old May 30, 2019, 8:04 am
  #29  
BearX220
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Originally Posted by 4sallypat
Delta is just the big pockets that injury lawyers love to include.
Originally Posted by flyerCO
...it's likely the case will be thrown out as DL was required to allow animal per federal law.
The fundamental question here is: who was responsible for controlling the environment where this happened? Delta, the dog owner, the federal government, the victim, the vet who certified the dog as a fake "support animal", or the dog itself?
  • The dog is the least responsible party. Dogs gonna dog.
  • The victim may have unconsciously provoked the dog but it's hard to argue he brought the attack on himself.
  • The vet was not certifying the dog's mental health or that it was incapable of unprovoked aggression.
  • Federal law does not require Delta to board unboxed, unscreened animals without fear or favor.
  • The owner is responsible for controlling the dog but is aboard the plane at the sole discretion of Delta.
  • Delta is finally responsible for maintaining a safe cabin environment, and is going to look pretty silly arguing otherwise when FAs deplane people for looking at them funny.
I think Delta has to eat it here, and if it leads to harsher rules against "support animals," fine.
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