Personal Injury: Can You Claim Compensation for Canceled Flights?
Unfortunately, the short answer is no on canceled flights.
The airline is not liable for damages due to canceled flights
If the airline can prove that they took all the necessary measures to avoid delaying or canceling the flight, or if it was simply impossible not to cancel the flight, they are not liable for any inconveniences or damages to you. Airlines sometimes offer meals, accommodation, and toiletries if you’re delayed overnight. If they don’t do this, you may be able to claim compensation for any expenses in that regard. But generally, airlines are not liable for any compensation for canceled flights.
What about overbooked flights?
The same holds true for if you were involuntarily bumped off a flight due to overbooking. If the airline can prove that they offered you the required seat on another flight leaving within an hour or that they offered you a seat in another class and you refused these two offers, you don’t have a foot to stand on. Sometimes, airlines can cause you to miss your flight by changing to a smaller aircraft for operational or safety reasons, meaning that there might not be a seat available to you. In this case, they are also not liable for any costs or damages that may have occurred. While the fact that airlines overbook flights is debatable, they simply cannot overload the aircraft due to safety reasons.
And delayed flights?
Sorry, but the answer is still no. The safety regulations that airlines need to abide with are very serious, and they can’t be held liable for damages due to delays or cancellations that are due to safety reasons.
Talk to a lawyer
If you feel that you want to take on an airline for damages and costs due to a delayed or canceled flights, or any damages due to bumping you off a flight due to overbooking, you can talk to a personal injury lawyer to discuss the merit of your case. Call Linden Law to speak to expert personal injury lawyers at 212-804-8440.