Safe Transport of a Dog on Flight and Preventing Bites
Our Pittsburgh lawyers typically get involved in a dispute only after the attack has happened, therefore we write these articles to help avoid attacks from happening. Here we address: how can an attack be avoided when traveling with a dog, specifically during air travel? And, what rules govern pet owners transporting a dog via flight?
Issues Concerning Travel with Dogs
People have the right to travel with their pets, especially service dogs. The Department of Transportation has rules that require airlines to allow passengers to fly with their service animals in the cabin on all U.S. airlines. See 14 CFR part 382. Service animals are not pets, as they are working animals. Service animals do not require a health certificate to travel and they do not have to be confined in a crate or container.
On other hand, dogs do attack people during flight. Here, we address the issue from the perspective of the dog owner and those who could be injured by the animal during flight.
Air Travel is Stressful
Travel and flying is stressful for people, which is often why people fly with support animals such as canines. Unfortunately, airplane travel can also cause anxiety for one’s support dog. Unfortunately, a dog cannot use words to warn us about when it is about to snap from pressure. This can lead to a person’s support animal lashing out and causing serious injury to other passengers.
Lawsuits Filed For Dog Bites on Flight
A man filed a lawsuit in 2019 for being attacked on a Delta flight by another passenger’s support dog. As the BBC reported;
A man in the US has filed a lawsuit alleging an emotional support dog mauled his face on a flight.
Marlin Jackson was flying from Atlanta to San Diego in June 2017 when he says he was attacked by the chocolate Labrador-pointer mix. The lawsuit against Delta Airlines and the owner says the dog pinned him to a window seat, leading to 28 stitches. It adds that Mr Jackson bled “so profusely that the entire row of seats had to be removed” from the plane
“While Mr Jackson was securing his seatbelt, the animal began to growl,” the lawsuit, filed in Fulton County in Georgia and reported by local media, says. “The attack was briefly interrupted when the animal was pulled away from Mr Jackson. However, the animal broke free and again mauled Mr Jackson’s face.”
Mr Jackson was left needing 28 stitches to his face and body, the suit adds.
It is therefore no surprise that airlines have strict rules for flying with dogs. It is necessary that you check the rules for the specific airline that you are flying well in advance of your trip.
Airline Regulations
Each airline has its own procedures governing travel with dogs. The aforementioned Delta has this policy. Below is a hyper link to the pet travel policy of the major airlines in the United States:
Common Requirements By Airlines
The rule implemented by each airline are slightly vary. However, there tends to be general agreement as to the following:
- If your dog is small enough to fit in a carrier under the seat in front of you. With this, the dog can accompany you into the cabin as your carry-on item.
- Airlines will need to be notified well in advance of your traveling with a pet.
- Most airlines will accommodate only a few pets in the cabin.
- Airlines charge a pet fee for your dog, generally $100 each way.
- Dogs must be at least eight weeks old and have been weaned in order to fly on a plane.
- The airlines will have rules and regulations regarding vaccines, health certificate and other paperwork.
- Many airlines will not accept any dog that has been sedated. Sedation may interfere with the dog’s equilibrium and respiratory rate.
Practical Tips
Our Pittsburgh dog bite lawyers can advise: if your dog has anxiety and fearfulness, is afraid of strangers and unfamiliar sounds, it is not recommended that the dog fly on an airplane, unless there is no other alternative.
Plus, the dog owner has to think about Dog Bite Law and responsibility for an attack. Liability insurance is not required to own a dog — or to fly with one — but carrying insurance protection is always a good idea. For example, homeowner’s insurance can cover you for events that occur away from your home, such as harm caused by your pet on a flight. In Pennsylvania, your home owner insurance carrier cannot charge you more based on the breed of your dog.
Planning Your Flight
It is recommended that a vet appointment be scheduled within the time frame required by the airline for the health certificate for the flight. Plus, when your dog is being shipped as cargo, well in advance check your airline’s crate regulations and make sure it is large enough for the dog to stand up and walk around.
Moreover, the Whole Dog Journal suggests having nylon cables on the crate door to ensure it is secured. Most airlines request that your pet has food and water dishes attached inside of the crate. Make sure to check with the flight crew to confirm that your dog was loaded onto the plane prior to take off and ensure that your pet has proper identification.
Liability for an Dog Bite or Attack on a Flight
Dog Owner
The dog owner can be liable for resulting damages on a flight, but this will depend which state’s law applies. Pennsylvania is very dog owner friendly, and requires proof of negligence. Other states, however, have a strict liability standard. Interestingly, if the bite occurs on the tarmac in a given state, then it’s relatively easy to know which state’s law will apply, as it is typically the law of the state where the bite occurred. However, if the flight occurs in the air, it gets much more complicated.
Airline
The claim against the airline is also fairly complicated. Airlines are common carriers, owing a high duty to keep passengers safe. This means the airline is not only liable for dangers of which it knows, but it also has a duty to look out for hidden or potential dangers.
That said, a person’s flight is governed by a contract between the passenger and the airline. These contracts often have language limiting the extent of claims that could be made against an airline. Our lawyers are skilled at maximizing claims for injuries and we look for ways to overcome any clause that limits liability. For example, in the past, we have successfully argued that language attached to the back side of a contract (limiting liability) is a contract by “adhesion” and therefor not enforceable. Call for more information.
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Call our Pittsburgh lawyers any time for a free consultation about any dog bite claim or defense. Our skilled legal representatives are here to assist with no obligation!
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