My Flight Was “Bumped”; What Are My Rights?

Date: April 27, 2011
Posted In: DLP Law

                      Jim and Katie and their two children were scheduled to fly to Disney World. They made sure that they arrived at the airport two hours ahead of time in order to check their luggage and go through security. Unfortunately, not long after arriving at the airport, Jim and Katie were advised that they were “bumped” from their flight due to overbooking. While their flight was to take off at 8:00 AM, the next flight out which they were guaranteed seats on would not leave until 11:00 AM. This meant that the family would not land until three hours after their original scheduled landing.

ISSUE:          Are Jim, Katie and their children entitled to any damages?

ANSWER:     Yes. Since the family was scheduled to leave more than two hours after their original landing time, they will be entitled to two hundred percent per ticket of their fare up to eight hundred dollars. Had they been placed on a flight that would have landed between one and two hours after their original scheduled flight they would have been entitled to a full one way fare up to four hundred dollars each.

Disclaimer: The above article is for instructive purposes only and each case is fact sensitive.  Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column. 

Tom Cummings
Thomas P. Cummings has been a Partner with Dougherty Leventhal & Price, LLP since 1996 and has been with the firm since 1991. He focuses his practice on workers’ compensation, Social Security Disability and personal injury cases.