The mother was awarded a settlement from American Airlines over the seating dispute.
The mother was awarded a settlement from American Airlines over the seating dispute.
The mother of twins has won a settlement against American Airlines after cabin crew seated one daughter on a stranger’s lap.
Erika Hamilton, a lawyer from Oregon, was offered 4500 air miles in a small claims settlement. Travelling alone with her twin daughters, aged 18 months on the February 8 flight, she was made to feel “belittled and harassed” according to USA Today.
After a layover in Dallas, on their way to Florida, Hamilton says that on the final leg of the journey a flight attendant took exception to her seating arrangement.
She had seated one child on her lap with her other daughter on the seat beside her. Under American’s terms of carriage at the time, it was stated that children under 2 “must either travel in a safety seat approved by the Federal Aviation Administration (FAA) or be able to sit upright in their seat without assistance and have their seatbelt securely fastened during taxi, takeoff, landing and whenever the ‘fasten seatbelt’ sign is on.”
The cabin crew member, fixated on the age requirement, insisted that she could not fly without a booster seat. The awkward impasse made what was already a difficult for the mum flying solo, even harder.
Eventually a woman seated behind - who was not known to the family - offered to hold the second daughter on her lap for takeoff and landing. Hamilton feld she had no choice but to seat her child on a stranger’s lap, or be deplaned.
Furious at the indignity, the mother filed a legal complaint in April at the Circuit Court of the State of Oregon for “breach of contract” and “negligent infliction of emotional distress.”
The claim says the crewmember approached the family before takeoff “to question whether my seating configuration was safe for my children.”
Despite arguing the rules with the cabin staff, and pointing out that the family had already been allowed to take one flight in this arrangement, the crew said it was against FAA and airlines policy.
Erika Hamilton and her two 18-month-old daughters were flying with American Airlines to Florida.
The original complaint was filed seeking US$3500 ($6000) in damages. In it she claimed:
“American Airlines placed the safety of my child at risk, given it is much safer for my child to be seated in her seat, with the safety belt fastened, then [sic] to be a lap child in the care of a stranger.”
The American Airlines flight attendant was invited to appear in court, alongside two passengers on the February 8 flight. Both testified that the American Airlines employee’s statement was “categorically false”.
It was noted that she offered an apology to Hamilton midway through the flight, following the initial awkward exchange.
Despite filing a motion that Hamilton could not “meet each of the substantive elements of her claims”, eventually the airline relented and agreed to settle the claim for 4500 airpoints and to pay the court costs, on October 27.
While this was not equivalent to the original damages she sought, Hamilton said it was a victory for the “little guy”.
She noted that instead of seeking to offer this settlement - which was worth around US$80 - the airline it was interesting they chose to go to court, hire a private attorney and grant staff leave to appear at the trial.
“Doing so must have cost them in the tens of thousands of dollars,” she told USA Today.
Key to the airline’s defence was that cabin crew have the unreserved right to bar passengers from flying “for any reason.
“American strives to provide a positive and welcoming experience to everyone who travels with us, while ensuring their safety and comfort while in our care,” they said in a statement seen by the Sun USA.
