Air Rage: Frequently Asked Questions
What is air rage?
Air rage, also known as "Disruptive Passenger Syndrome" is defined as behavior that interferes with aircrew duties, the quiet enjoyment of fellow passengers, or creates an unsafe flight environment. Air rage is multifaceted, combining antisocial behavior, the use of alcohol, and perceived loss of control.
Is air rage more common today than it was a few years ago?
Yes. Incidences of air rage have doubled, tripled and even quadrupled aboard some airlines.
Why is air rage more prevelent today?
Passengers have experienced a decline in airline service. From "no frills" accommodations to flight over-booking and increasingly crowded flights, the atmosphere is ripe for passenger disruption. The stress and "loss of control" associated with this environment may contribute to antisocial behavior.
Is alcohol a major contributing factor?
Yes. The physiological effects of alcohol, both prior to boarding and in-flight, are more profound in the air traveler. Passengers usually have an empty stomach, are mildly dehydrated, and are exposed to the mild hypoxia of a pressurized cabin (at 6 to 8 thousand feet). Alcohol, when combined with anxiety and a perceived loss of control, may turn the normal traveler into a disruptive passenger.
What types of activities characterize air rage?
Disruptive passenger incidents may include assault, battery, and a wide spectrum of other behavior.
Can a disruptive passenger threaten the airworthiness of an aircraft?
Yes. Not only do disruptive passengers physically assault fellow passengers and flight attendants, but recently one disgruntled passenger barged into the cockpit of a 747, grabbed the controls and sent the plane into a steep dive. Fortunately the pilots were able to wrestle control of the plane back from the passenger.
Are there any laws that punish disruptive behavior?
Yes. Within the United States, passenger interference is a Federal crime. Pursuant to Federal Aviation Regulation 14 CFR. 91.11 (also known as FAR 91.11), passengers may not interfere with the aircrew. The statute (title 49 USC 46504) establishes punishment (less than 20 years if unarmed; life if armed). Interestingly, Federal law applies only to a "closed door" aircraft. For example, if the walkway is still attached and the door open, then local police have jurisdiction. In addition, the 1963 Tokyo Convention on Offenses and Certain Other Acts Committed On-board Aircraft, laid down the foundation for countries to prosecute arriving disruptive passengers. This international agreement was signed by 162 nations and was the basis for future International Civil Aviation Organization agreements (Montreal Conventions, Aviation Security Act, etc.). Based upon this agreement, the United States prosecutes inbound offenses, regardless of the carrier's nationality.
What can I do if I was assaulted while in flight or was otherwise injured during an incident of air rage?
You should talk to an attorney who can advise you of your legal rights. The airlines have a duty to provide you with a reasonably safe flying environment. Failure to provide such an environment may make the airline liable. In addition, you may have a claim against the disruptive individual. Only a licensed attorney can evaluate whether you have a case that is worth pursuing. Keep in mind however that there may be time limits (Statute of Limitations) which affect your ability to sue.
How much does an attorney evaluation cost in these types of cases?
Nothing! Attorneys associated with InjuryBoard.com will evaluate your case free of charge. If a participating attorney agrees to handle your case, you will owe no fees or other costs unless that attorney recovers money for you.
How do I submit my case for a free evaluation?
Simply click on the free Ask an Attorney button and complete the online intake form. An attorney will evaluate your case and respond to you via email.
-- Article Courtesy of InjuryBoard.com
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