Is it negligence and child endangerment not to provide emergency oxygen mask for an infant on mothers lap during flight?

Asked about 1 year ago - Minneapolis, MN

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.

Attorney answers (6)

  1. Jeremy Judson Cobb

    Contributor Level 14

    10

    Lawyers agree

    Answered . I don't see any claim here. Consult other counsel, who may disagree.

  2. Sagi Shaked

    Pro

    Contributor Level 13

    10

    Lawyers agree

    Answered . This case would most likely fall under the Montreal convention which would mean there is no claim. To be sure speak to an aviation attorney.

    Sagi Shaked is a Florida Bar Board Certified Civil Trial Attorney. To schedule a free consultation, call (877)... more
  3. Michael R Crosner

    Contributor Level 20

    9

    Lawyers agree

    Answered . 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.

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney .... more
  4. Randy William Ferguson

    Contributor Level 19

    8

    Lawyers agree

    Answered . 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.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The... more
  5. Robert Bruce Kopelson

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Check with the FAA about rules and regs.

  6. John Paul Thygerson

    Pro

    Contributor Level 17

    3

    Lawyers agree

    Answered . C'mon. If there was an inflight emergency an oxygen mask would be the least of your concern. There is no injury, hence no claim.

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