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

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. 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) 529-0080 or (305) 937-0191. I am licensed in Florida, therefore, my answers are based on general prinicpals of law or Florida law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only and do not create an attorney client relationship. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is different and fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


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


  3. 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 . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.


  4. 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 response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.


  5. 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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