Delta sued by passenger allegedly attacked by emotional support animal
May 30, 2019, 8:31 am
#31
Join Date: Mar 2010
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May 30, 2019, 8:37 am
#32
Join Date: Oct 2009
Programs: Marriott, IHG, Delta, United
Posts: 576
Delta could have chosen to implement a stricter policy on what qualifies as a certified ESA. Delta chose not to. There is nothing on the federal requirements that dictates how strict (or not) the ESA certification process has to be.
The plantiff will likely argue Delta could have been more strict, and this wouldn’t have happened.
The plantiff will likely argue Delta could have been more strict, and this wouldn’t have happened.
May 30, 2019, 9:11 am
#33
Join Date: Oct 2009
Programs: Delta - GM
Posts: 171
Anyone can sue. However it's likely the case will be thrown out as DL was required to allow animal per federal law. Just like state court cases are being thrown out against pharmaceutical companies for failing to warn patients. This due to fact federal law says they can't. Same principal here, as federal government is directing what must be done.
May 30, 2019, 9:16 am
#34
Join Date: Oct 2009
Programs: Delta - GM
Posts: 171
I think there is a grey area here. DL is certainly not required to allow all animals on board. Per the DOT:
Airlines may exclude animals that:
I don't know the details of this but it seems like airlines could be more strictly enforcing some of these.
Airlines may exclude animals that:
- Are too large or heavy to be accommodated in the cabin;
- Pose a direct threat to the health or safety of others;
- Cause a significant disruption of cabin service; or
- Are prohibited from entering a foreign country.
I don't know the details of this but it seems like airlines could be more strictly enforcing some of these.
May 30, 2019, 9:31 am
#35
Join Date: Dec 2009
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Let's not blame the victim. A service dog, or an appropriately trained support dog, would not bite someone's face badly even if provoked except upon command or otherwise in extraordinary circumstances. These dogs are/should be trained not to react unless their owner is in danger.
Of course a well trained dog *should* never attack (unless commanded) too, but after all, they do have minds of their own.
May 30, 2019, 9:35 am
#36
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Deeper pockets via corporation. Note article indicates he is suing both Delta and the owner. Winning judgement in civil suit means much of nothing if the other party doesn't have funds or require to pay by the court (as it isn't criminal). Reminder, OJ Simpson lost civil suit to the Goldman's and don't believe he has transferred any funds to date.
May 30, 2019, 9:37 am
#37
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Can't future income be attached? In fact, I had the impression that OJ has been deliberately avoiding making any money so that he doesn't have to pay.
May 30, 2019, 9:41 am
#38
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I suppose that would depend on the State law?
May 30, 2019, 9:42 am
#39
Join Date: Mar 2017
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Doctors have nothing to do with approving a specific animal to be an emotional support animal. ESA's are not certified or approved by any recognized group. Doctors or psychologists or other mental health providers provide a memo (or an airline form) stating the human has some type of psychological issue that would benefit from an ESA.
May 30, 2019, 10:30 am
#41
Join Date: Jun 2005
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Again, there is a big difference between what is allowed as a service animal and what is allowed as an emotional support animal.
May 30, 2019, 10:43 am
#43
Join Date: Feb 2019
Posts: 3,097
Let's not blame the victim. A service dog, or an appropriately trained support dog, would not bite someone's face badly even if provoked except upon command or otherwise in extraordinary circumstances. These dogs are/should be trained not to react unless their owner is in danger.
May 30, 2019, 10:51 am
#44
Join Date: Jul 2003
Location: Orlando
Programs: Delta-Million miler
Posts: 1,312
How do they know that
Doctors have nothing to do with approving a specific animal to be an emotional support animal. ESA's are not certified or approved by any recognized group. Doctors or psychologists or other mental health providers provide a memo (or an airline form) stating the human has some type of psychological issue that would benefit from an ESA.
May 30, 2019, 10:51 am
#45
Join Date: Feb 2019
Posts: 3,097
There is nothing in this case to indicate that there was any fraudulent paperwork or documents.