A passenger is suing Delta Air Lines for $1 Million after he claimed that he suffered hip and rib injuries after an armrest gave way.
The lawsuit, filed in California Southern District Court, detailed that the passenger, Joseph Hippensteel, was traveling with Delta to London-Heathrow Airport (LHR) from an undisclosed airport in California with a connection in Seattle Tacoma Airport (SEA) on May 16, 2022.
During the first leg of his journey to SEA airport, Hippensteel alleged that the armrest buckled under his weight when he leaned on it to fasten the seatbelt prior to departure.
According to the lawsuit, the armrest gave way, causing Hippensteel to collapse on the floor and injure his rib and hip. He was then assisted by a flight attendant and a physician on board the aircraft and engineers were called to check the armrest.
However, the engineers were not able to repair the armrest and the flight departed.
In the lawsuit, Hippensteel’s lawyers claim that under the 1999 Montreal Convention, Delta should be liable for his injuries. The Montreal Convention establishes airline liability in the case of death or injury to passengers on international flights, as well as in cases of delay, damage or loss of baggage and cargo.
Although Hippensteels’ injury occurred on a domestic flight, he argued that the laws of the convention still apply because the domestic leg was part of an international flight.
AeroTime reached out to Delta Air Lines for comment regarding the lawsuit.