C17PSGR

Not quite. In workers comp, the FA can get something like medical expenses and lost wages for the day they are unable to work. It's no fault, but fairly limited. No chance to depose the owner since its purely no fault.

In suing the owner in a tort claim for negligence, the FA can get emotional distress and broader lost wages, and potentially punitive damages (albeit unlikely) and depose the owner. Agreed, not the juiciest case, but some social media use by the FA's union could get some publicity for the problem.

Dallas49er

As a totally anti union person to my very core, this actually represents a benefit to a rank and file member. Also betting said rank and file member will get no help. But will still be compelled to pay their union dues.

As far as ESA goes, it is easy to spot the shams. But many times the shams are of the ilk that cares only about their "bubble", and if CK, EXP, or full fare F, what GA is going to call them out?

no1cub17

Thankfully I've escaped being stuck next to an ESA on a flight, but what recourse do passengers have? Can I ask to be re-seated? If I don't want to sit next to the giant pet in the seat next to me, will I be the one dragged off? There are only going to be more incidents like this, not less, and I would rather not get bit while going on vacation.

garykung

It varies, but some WC have psychological benefits.

But we can agree on this - whatever the FA can get from WC, any further lawsuit will not help the FA to get more.

3544quebec

Probably wouldn't be happy to sit next to my Emotional Support Rattlesnake then - trained to react when it senses a Panic Attack coming on nearby.

boerne

The often bogus ESA is an amazing scam that the airlines seem powerless to stop or slow down. here are some interesting links.

Air Carrier Access Act- Rules the carriers apparently, more than ADA, willing to have JonNYC etc opine
https://www.transportation.gov/airco...s-disabilities

How to get a Doctors note for your bogus ESA
https://comehereboy.com/blog/get-doc...e-service-dog/

And finally, are allergies also disabilities - YES
https://www.aafa.org/asthma-allergie...abilities-act/

So, I am going to check with my attorney, but I am considering offering a "Doctors note" for any animal allergy website, to counter the ESA websites. And if it bothers you enough, you can get a single animal, or for somewhat more, an individual letter from a physician for every animal who has ever been carried on a flight posing as an ESA. You would need to carry such letters as hard copies or PDFs on your tablet etc to show the FA when you are at risk for the pesky ESA. Then I would suspect, the higher your elite category the more likely you will get what you want. Considering flyertalkers are more likely elite than others dragging their pet squirrel on board, I suspect that AA Plt would win over the occasional flyer.


PS- you can get prescription sildenafil every 3 months with a 2 minute phone call to a physician somewhere in the USA, so it should be pretty easy to be suddenly allergic to every animal on earth

I feel bad for the bitten FA

C17PSGR

Nice idea but ... airlines will accommodate those with allergies or fear of animals by offering them a later flight or a different seat if available. The sham dog goes and you stay. It's not really an airline thing, its they are afraid of Air Carrier Access issues for animals more than guests with allergies or fear of animals.

mvoight

That is an over-generalization. ESAs come from the same group of people who fly. In fact, many people do it to avoid paying transportation costs. Are there any normal pets carried for a fee in the cabin any more? I suspect AA has lost income from that revenue stream. I think ESAs should be trained and certified just like service animals and the owner be made to carry GOVERNMENT issued ID to show their need for an ESA. This has gone on far too long.

JamesBigglesworth

Airline *and* owner. The airline has a positive duty of care towards employees and if they are being slack about allowing any old animal on board as an "emotional support animal" then they bear some of responsibility. Up to a court to decide how much, and for how much.

5 stitches is not "nipped" by the dog.

robofski

The FA will probably need an ESA now to get over the trauma

GUWonder

C17PSGR

in general, you can't sue your employer in the United States for things like this because such claims are barred by workers compensation statutes which provide a no-fault remedy. Beyond that, the Department of Transportation treatment of emotional support animals ties the hands of the airline. If you can get an online doctor's note, you're entitled to bring your dog on board and there's really nothing the airline can do about it unless the dog is obviously a problem before the plane takes off.

jerseytom

Mere billions? I was thinking trillions.

Reading through the United ESA form it seems the glaring oversight is the (animal) behavioral one.

Require a licensed mental health professional to say that the passenger has been prescribed an ESA? Okay. Require a licensed veterinarian to verify that the animal has been examined, doesn't have rabies, etc.? Okay. But then it's purely on the word of the passenger...

"So... this animal isn't gonna bite anyone, right?"

"Who, Mr. Fluffles? Naww... he's the goodest boy..."

At least there is the bit about:

So hopefully that puts an irresponsible passenger on the hook for reimbursement of injury costs, loss of work, etc.

Snuggs

SeaHawg