On a us airway flight I was told there was no emergency oxygen mask for my infant who was sitting on my lap. This caused me great emotional distress and I had a hard time breathing during the flight thinking that my son or myself would be in danger if there was an emergency.
Need to check with a transportation law attorney. I have been told that airplanes have certain designated seats, such as the bulkhead area, where passengers with infants are provided an extra oxygen mask - however, I am not an expert in aviation law. As far as bringing a claim for your anxiety there isn't significant damages to justify litigation even if the law so permitted.
You suffered no injury, so you have no case. But if it happened, the issue is did they owe the child a duty of care since you probably did not pay for a ticket with the child. They owe you a duty since you were a paying customer. I would assume since they allow you to bring a child at no charge, they would still owe the child a duty of care. I would talk to a local airline attorney to see if they are required to provide it. That issue is not uncommon, and would assume the airline provides some type of care in an emergency. Federal law may apply to airline industry.
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