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A recent snowstorm on the East Coast has shaped into a crisis for
JetBlue. On Valentine's Day, the airline's operational shortcomings
due to the storm led to 1,096 canceled flights and thousands of
stranded passengers. Many fliers were confined on planes at JFK
International Airport as long as 10 hours. JetBlue said it will
compensate customers for the delays with vouchers ranging from $25 to
the full fare. Yet for the travelers trapped onboard with scant food,
and having missed vacation and business events, this may seem paltry
compensation.
"The amounts being offered to these unfortunate travelers is
pitiful," said Lawrence Goldhirsch, an attorney with the Negligence
department at Weitz & Luxenberg, P.C. Goldhirsch, an expert in
aviation law, is author of "The Warsaw Convention Annotated: A Legal
Handbook," considered by the legal community a bible for international
aviation.
In a bid to win back its customer-service driven image, JetBlue
publicly instituted a Bill of Rights, which commits the company to
compensate passengers for various kinds of flight disruptions. But
that carrier isn't alone in stranding flyers during inclement weather.
American Airlines experienced similar delays in December when
passengers rerouted from Dallas/Fort Worth International Airport
during storms, sat on the tarmac at Austin-Bergstrom International
Airport, with no food and dirty toilets.
These recent incidents recalls a similar scenario from 1999, when
Northwest Airlines stranded passengers up to nine hours, ultimately
settling a lawsuit including claims of "false imprisonment" for around
$7 million. Flyers of the airline had spent hours on planes sitting on
the tarmac in a snowstorm in Detroit. Allowing those planes to return
to terminals to drop off passengers would have helped mitigate the
discomfort, an error the aviation industry continues to make.
Goldhirsch pointed out that the US Department of Transportation
does not have any limitation of damages that may be claimed by
passengers for delay. "Only international passengers are limited by a
treaty--the Montreal Convention--when they are delayed on such
flights. Even in those cases, the limitation is approximately $4,500
per passenger, depending on the length of delay and other
circumstances."
Those who have been affected by an aviation incident may contact
Weitz & Luxenberg by calling our Client Relations Department at
800-476-6070 or e-mailing clientrelations@weitzlux.com. Please also
visit our website: www.weitzlux.com
About Weitz & Luxenberg, P.C.
Weitz & Luxenberg, founded in 1986, is one of the leading
plaintiffs' litigation law firms in America. The firm has played
leading roles in national and local litigations involving asbestos,
DES, and silicone breast implants, medical malpractice, and general
negligence among others. A forerunner in the legal fight against
environmental polluters, Weitz & Luxenberg has worked with clients
harmed by MTBE and mercury, among other toxins. The firm has won
numerous cases involving dangerous pharmaceuticals, including Vioxx,
achieving a $13.5 million verdict against Merck & Co. (docket No.
ATLL129605).
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