Delta sued by passenger allegedly attacked by emotional support animal
#1
Original Poster
Join Date: Sep 2000
Location: DCA/IAD
Programs: AA EXP; 1W Emerald; HHonors Diamond; Marriott Gold; UA dirt
Posts: 7,816
Delta sued by passenger allegedly attacked by emotional support animal
https://www.washingtonpost.com/trans...=.143d154052c4
An attack on a plane by a fellow passenger’s emotional-support dog left Marlin Jackson needing 28 stitches, according to a negligence lawsuit filed Friday against Delta Air Lines and the dog’s owner. In the suit, Jackson claims he bled so badly that a row of seats later had to be removed from the plane.
Jackson had just taken his window seat in the 31st row for a June 2017 flight from Atlanta to San Diego when the dog, sitting on the lap of the passenger next to him, lunged for his face, pinning him against the window of the plane so he couldn’t escape, the lawsuit alleges.
An attack on a plane by a fellow passenger’s emotional-support dog left Marlin Jackson needing 28 stitches, according to a negligence lawsuit filed Friday against Delta Air Lines and the dog’s owner. In the suit, Jackson claims he bled so badly that a row of seats later had to be removed from the plane.
Jackson had just taken his window seat in the 31st row for a June 2017 flight from Atlanta to San Diego when the dog, sitting on the lap of the passenger next to him, lunged for his face, pinning him against the window of the plane so he couldn’t escape, the lawsuit alleges.
#2
FlyerTalk Evangelist
Join Date: Jun 2015
Location: Back in Reds Country (DAY/CVG). Previously: SEA & SAT.
Programs: DL PM 1MM, AA PLAT, UA Silver, Marriott Bonvoy Titanium
Posts: 10,349
IANAL but maybe legal action will change some of this “emotional support animal” nonsense but sadly it’s probably the gov’t that should be getting sued that permits this and forced airlines to comply, not Delta (or any airline) who is stuck upholding the law.
#3
Join Date: Jun 2004
Location: ATL
Programs: Delta PlM, 1M
Posts: 6,363
Pinned to window by a lap dog?
OK, I have a problem with these things. If one wanted to attack me, it might well inflict some wounds. But that son of a ..... would have been flying across the cabin with a broken neck.
Size matters.
OK, I have a problem with these things. If one wanted to attack me, it might well inflict some wounds. But that son of a ..... would have been flying across the cabin with a broken neck.
Size matters.
#4
Original Poster
Join Date: Sep 2000
Location: DCA/IAD
Programs: AA EXP; 1W Emerald; HHonors Diamond; Marriott Gold; UA dirt
Posts: 7,816
#5
Join Date: Sep 2012
Location: NYC
Programs: DL DM; Marriott Ambasador Elite
Posts: 626
It was a pointer/lab mix. Even a very fit person trained in self defense would likely have had difficulty defending one’s self in a seated position with a seatbelt on.
#6
Join Date: Jun 2004
Location: ATL
Programs: Delta PlM, 1M
Posts: 6,363
#7
Join Date: Sep 2016
Location: LAX/BUR, RDU
Programs: DL SM, AAdvantage, SPG
Posts: 1,360
I'm going to withhold OMNI-like comments, but I am glad Delta has continued to enact more stringent regulations for cabin animals. This is ridiculous.
#8
Join Date: Feb 2018
Location: Sunny So Cal
Programs: SPG, HH, IHG, BA, DL
Posts: 192
Delta is just the big pockets that injury lawyers love to include.
But that dog is way too big to be on a lap and be safe.
It's too bad the people can easily call their pet as "emotional support" animals and squash any restrictions that the majority have to abide by.
Airlines should only allow certified SERVICE ANIMALS.
The military vet should have purchased another seat for the dog - it was probably uncomfortable in an enclosed cabin with lots of strangers surrounding it.
After all, a dog is an animal with a primitive brainstem which hides territoriality then fight first and flee later.
But that dog is way too big to be on a lap and be safe.
It's too bad the people can easily call their pet as "emotional support" animals and squash any restrictions that the majority have to abide by.
Airlines should only allow certified SERVICE ANIMALS.
The military vet should have purchased another seat for the dog - it was probably uncomfortable in an enclosed cabin with lots of strangers surrounding it.
After all, a dog is an animal with a primitive brainstem which hides territoriality then fight first and flee later.
#9
Join Date: Jan 2017
Location: LAN
Programs: DL Skymiles, AF/KL Flying Blue
Posts: 304
Good. Shame it has to be Delta, but until deep pockets like Delta keep getting sued over incidents like this, no organization whose opinion (and lobbying dollars) matters is going to push back against the government's ridiculous stance toward emotional support animals. The average citizen just does not have enough influence in these matters - it needs to come from large corporations like Delta.
#11
FlyerTalk Evangelist
Join Date: Sep 2003
Location: San Antonio
Programs: DL DM, Former AA EXP now AY Plat, AC 75K, NW Plat, Former CO Gold, Hilton Diamond, Marriott Titanium
Posts: 27,042
Good. Shame it has to be Delta, but until deep pockets like Delta keep getting sued over incidents like this, no organization whose opinion (and lobbying dollars) matters is going to push back against the government's ridiculous stance toward emotional support animals. The average citizen just does not have enough influence in these matters - it needs to come from large corporations like Delta.
#12
A FlyerTalk Posting Legend
Join Date: Sep 2009
Location: Minneapolis: DL DM charter 2.3MM
Programs: A3*Gold, SPG Plat, HyattDiamond, MarriottPP, LHW exAccess, ICI, Raffles Amb, NW PE MM, TWA Gold MM
Posts: 100,413
#13
Join Date: Mar 2010
Programs: DL PM, Bonvoy Gold
Posts: 8,414
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:
- 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.
#14
Join Date: Jul 2003
Location: Orlando
Programs: Delta-Million miler
Posts: 1,312
As long as the price tag of transporting a pet is high, people are going to find ways to “smuggle” their pets in to the cabin.
I am not sure what emotional support a pet provides on a plane during the duration of the flight! More often, I have seen owners providing emotional support for the traumatized pet. Often, they are given sedatives, squeezed in to small bags, and not allowed to even whine!,,
My question-Do muzzled/ sedated/ caged pets give emotional support?
what kind of disorders are treated by “prescribing” an emotional support pet?
my suggestion to the recipient of the bite- sue the doctor who certified the need for the emotional support.
Another question- are Airlines allowed to turn down passengers who “need” emotional support due to potential problems (with them, not with the pet)
I am not sure what emotional support a pet provides on a plane during the duration of the flight! More often, I have seen owners providing emotional support for the traumatized pet. Often, they are given sedatives, squeezed in to small bags, and not allowed to even whine!,,
My question-Do muzzled/ sedated/ caged pets give emotional support?
what kind of disorders are treated by “prescribing” an emotional support pet?
my suggestion to the recipient of the bite- sue the doctor who certified the need for the emotional support.
Another question- are Airlines allowed to turn down passengers who “need” emotional support due to potential problems (with them, not with the pet)
#15
Join Date: May 2012
Location: BKK/SIN/YYZ/YUL
Programs: DL, AC, Bonvoy, Accor, Hilton
Posts: 2,920
I suppose we could have avoided all this if the fellow had not been deployed to a war zone in service of his country. Then the plaintiff would not have had to sit next to an injured veteran.
Please keep in mind that the claims of the plaintiff are allegations only and they have yet to be substantiated in fact. It is common practice for the worst possible scenario to be alleged in the initial filing. This does not mean that the event occurred as described.
The plaintiff is what can be described as a person of size, or POS. It is quite possible that the gentleman from Alabama may have have done something to the animal. This too will need to be verified in court.