Can you sue a airline for emotional distress?

Answer 1

Technically, an individual can sue anyone for anything. However, the act of filing a lawsuit does not ensure success. Furthermore, depending on the country in which the suit is filed, the individual filing the suit may discover, to their Horror, that should they lose the case, the individual who filed the suit, may become liable for all costs for both their own attorneys, as well as the attorney fees and expenses of the respondent.

Emotional distress can often be difficult to prove. Typically it would not be the first item of a lawsuit, but perhaps an addendum to a lawsuit of merit.

For example, should someone be in an accident, in which there was loss of life, terror, and personal injury, and pilot error, or some other act which was solely in control of the individual airline, emotional stress may very well be one of the elements of the suit.

In a different vein, should someone's baggage go astray, and the individual whose baggage is lost becomes distressed, throws a temper tantrum with all the airline staff, the baggage representative and pretty much anyone else caught in the hairpins, most every responsible and reputable attorney or solicitor would find a metaphorical and gentle way to tell the complainant to 'get a life' and calm down, as there is a presumption that air travel can be stressful for anyone, especially in today's current mindset.

Ultimately, there would first need to be a tort; a wrongful act or an infringement of a right (other than under contract) leading to legal liability, before the emotional distress could even be considered.

If an airline has sincerely caused a grievance and the complainant can specifically identify the 'who, what, when, where, and why, it may first be prudent to consider writing a rational letter to the airline, outlining what has happened and how it affected the complainant.

If the letter sets out a scenario that is rational and sound, the airline (at least most reputable international airlines), may consider offering an 'ex-gratia' (A sum of money or credit when there is no obligation or liability to pay it).

This often happens when the airline receives a valid, rational, and objective complaint from a passenger who is considered one of the airline's CIP's, WKRP's, or FQTV's (Commercially Important Passenger, Well Known Respected Passenger, or Frequent Traveller). Should this occur, the airline would closely scrutinise a Frequent Traveller's documented travel patterns. Someone who takes a flight a couple of times a year may only receive a nice letter. Someone who has achieved the second tier of their Frequent Traveller programme, might receive a small ex-gratia coupon for USD$25.00, or a passenger who is in the airline's top tier, who flies weekly, purchases published Full Fair tickets, rather than discount tickets, and flies over 100,000 documented miles per year with that airline, may even receive the full cost of the ticket refunded.