Airlines Claims Through Small Claims Court

Air travel isn’t always smooth. Flights get canceled, bags go missing, and sometimes passengers face more serious issues like injuries. When things go really wrong, many travelers wonder, “Can I sue the airline?”

The answer is yes, under specific circumstances. But suing an airline involves some legal complexity. This guide explains when legal action is possible, how the process works, and what you should know before deciding to file a lawsuit.

If you have more questions about suing an airline, be sure to visit Squabble to use helpful tools to get started.

When You Can Sue an Airline

Not every inconvenience gives you the right to sue, but some situations clearly cross the legal line.

• Personal Injury
  • If you’re physically injured on a flight due to airline negligence—such as being hit by falling luggage, slipping on a wet floor, or being burned by a hot beverage—then you may have a valid personal injury claim. Airlines have a duty to ensure a reasonably safe environment for passengers.
• Lost, Delayed, or Damaged Baggage
  • When luggage goes missing or arrives damaged, airlines can be held responsible. For international flights, the Montreal Convention allows you to claim compensation—typically up to about $1,800 USD. For domestic U.S. flights, airline liability is governed by Department of Transportation regulations and the airline’s contract of carriage.

3. Flight Delays and Cancellations
   • In the United States, airlines are not legally required to compensate passengers for most delays or cancellations, unless you are involuntarily bumped from a flight. In contrast, under European Union rules (Regulation EC 261), passengers flying from or within the EU may be entitled to compensation for significant delays or cancellations.
4. Denied Boarding (Overbooking)
   • When an airline overbooks and you are denied boarding against your will, you are entitled to compensation under U.S. law. Depending on the length of delay in getting to your final destination, you could receive up to four times the value of your one-way ticket.

Legal Foundations for Suing an Airline

Airlines are governed by a mix of federal, international, and consumer protection laws. These determine your rights and the legal paths available to you.

• Montreal Convention
  • This international treaty governs liability for injury, lost baggage, and delays on most international flights. It places strict limits on compensation unless the passenger can prove intentional misconduct by the airline.
• Federal Aviation Regulations (FARs)
  • In the United States, airlines must comply with regulations set by the Federal Aviation Administration (FAA). Violations of these rules can support a claim, especially if they result in injury or harm.

Steps to Take If You're Considering a Lawsuit

• Step One: Contact the Airline
  • Before filing a lawsuit, always try to resolve the issue directly with the airline. Most carriers have claims departments or formal procedures for filing complaints. Be polite but firm, and keep records of all communication. Attach any supporting documents, including receipts, photos, or witness statements.
• Step Two: File a Complaint with the DOT
  • In the United States, passengers can file complaints with the Department of Transportation. This doesn’t guarantee compensation, but it can pressure the airline to respond and sometimes leads to a resolution.
• Step Three: Consider Small Claims Court
  • If your case involves a relatively small financial loss—usually under $10,000—filing in small claims court can be a quick and affordable option. No attorney is required, and you’ll present your case directly to a judge. Typical cases include damaged luggage, reimbursement for tickets, or compensation for denied boarding.
• Step Four: Hire a Lawyer for Serious Issues
  • If your case involves personal injury, discrimination, or large financial losses, it’s best to consult a lawyer who specializes in aviation or personal injury law. Many work on contingency, meaning you don’t pay unless they win your case.
• Step Five: Be Aware of International Jurisdiction
  • For international flights, your right to sue may depend on where the airline is based, where the ticket was purchased, or where the harm occurred. Under the Montreal Convention, you usually must sue within two years of the incident.

Tips to Strengthen Your Case

• Document everything. Keep receipts, emails, and detailed notes about what happened.
• Take photos. If your luggage is damaged or you’re injured, take pictures immediately.
• Request written statements. If fellow passengers witnessed the event, ask them for a written account.
• Read your rights. Review the airline’s contract of carriage, which outlines their legal obligations to you.
• Act quickly. Legal deadlines vary, but in many international cases, you must file within two years of the incident.

Real-World Example: Overbooked Flight

In late 2024, a Yukon couple sued an airline in Small Claims Court after being denied boarding on an overbooked flight. Despite promises of rebooking, the airline failed to provide any alternative or written confirmation, violating the Air Passenger Protection Regulations.

Key details:

• The pair had spent years saving for this trip, arranged babysitters, and secured time off work.
• The airline offered only USD 1,300 for expenses.
• The court found this insufficient, describing their treatment as “shameful.”
• They were awarded USD 7,300 to cover the canceled vacation, lost income, hotels, and meal cost.

Is It Worth Suing an Airline?

That depends on your situation. For minor issues, filing a DOT complaint or going to small claims court may be faster and cheaper than a full lawsuit. But for serious matters—especially injuries a lawsuit can not only get you compensation, but also hold the airline accountable.

Before you pursue any legal action, assess your documentation, the time involved, and the amount of money at stake.

Taking on an Airline? You Don’t Have to Do It Alone.

If an airline has lost your luggage, delayed your flight without compensation, denied you boarding, or caused you unnecessary stress or financial loss—you have the right to take action. But the small claims process can feel overwhelming if you’ve never done it before.

That’s where Squabble comes in.

We make it easy to pursue your claim against an airline by helping you:

• Check the statute of limitations for airline-related claims in your state
• Draft a professional demand letter that gets taken seriously
• Organize your documents, receipts, and communications for court
• Follow a clear, step-by-step guide to filing and preparing for small claims court

Thousands of people have used Squabble to stand up to large companies—including airlines—and 95% of our users report winning or settling their cases.

Airlines have teams of lawyers. Now, you have Squabble.

Start your claim today—and take back what’s yours.