Flight delays can derail your plans and cost you valuable time. Understandably, you may question whether legal action is an option when airlines cause significant delays. In some circumstances, you can sue—but there are legal boundaries.
When airlines are responsible for delays
Airlines must comply with federal regulations, particularly when delays result from issues within their control. This includes mechanical failures, staffing problems, or inadequate scheduling. If a delay stems from one of these causes, you might have grounds for a legal claim. While airlines often offer compensation voluntarily, that does not prevent you from pursuing additional damages in court.
Conversely, delays due to weather, air traffic control, or airport-related operations typically fall outside the airline’s legal responsibility. Courts generally consider these factors beyond the airline’s control, limiting your options for recourse.
What compensation can you pursue?
You may pursue reimbursement for tangible financial losses, such as hotel expenses, missed connecting flights, or lost reservations. Courts are unlikely to award damages for inconvenience or emotional distress. Success in a claim requires proof that the airline breached its contractual obligations or acted negligently.
The airline’s Contract of Carriage—a legally binding agreement included with your ticket—defines your rights and the airline’s duties. These terms often restrict the type and amount of compensation available. Reviewing this document is essential to assess your potential legal position.
Small claims court as an option
Filing a case in small claims court can be effective if your damages fall within the financial threshold. In Texas, Justice Court hears claims up to $20,000. This venue offers a more efficient and accessible alternative to traditional litigation.
Even in small claims court, success depends on well-documented evidence. Maintain records such as your boarding pass, receipts for out-of-pocket expenses, and written communication from the airline.
Airlines are obligated to deliver reasonable service. While not every delay leads to compensation, you have legal options when delays stem from avoidable errors. By understanding your rights, gathering documentation, and reviewing airline policies, you can make an informed decision.
