ATLANTA- A Delta Air Lines (DL) passenger’s recent lawsuit has highlighted a serious safety concern regarding airplane lavatory doors, transforming what was once considered a humorous topic among flight attendants into a significant legal matter.
Yanping Wei from Shanghai, China, filed a federal lawsuit against Delta Air Lines after sustaining severe facial injuries from a bathroom door impact during a Shanghai (PVG)-Detroit (DTW) flight on December 22, 2023.
Photo: Clément AlloingDelta Sued by Passenger
The incident flagged by PYOK occurred when Wei approached the lavatory during the 13-hour flight, and the door allegedly swung open unexpectedly, causing dental damage, facial lacerations, and bruising.
Modern commercial aircraft typically feature space-efficient bi-fold or concertina doors that fold inward, making such incidents physically impossible. However, airlines must maintain at least one conventional outward-opening bathroom door to accommodate passengers with disabilities.
The Airbus A350-900, which Delta operates on the Shanghai-Detroit route, includes one such conventional door in its Economy section.
These outward-opening doors can present safety risks, though rarely with the severity described in Wei’s case. Such incidents typically stem from two primary causes: previous passengers failing to secure the door properly or passengers exiting the lavatory with excessive force.
The presence of these conventional doors, while necessary for accessibility compliance, introduces potential safety considerations that airlines must address.
Photo: Clément AlloingLawsuit Under Montreal Convention
The legal framework for Yanping’s lawsuit against Delta Air Lines centers on Article 17 of the Montreal Convention, an international law that establishes airline liability for passenger injuries during international flights.
The Montreal Convention allows injured passengers to claim compensation up to 128,821 Special Drawing Rights, a monetary unit created by the International Monetary Fund, which translates to approximately $172,000. Courts retain the authority to award higher compensation amounts based on case specifics, as this threshold serves as a minimum rather than a maximum limit.
Airlines face limited defense options under the Montreal Convention. Their primary defense strategy involves demonstrating that passenger negligence caused the injuries, absolving the airline of responsibility. Delta Air Lines has not yet submitted a response to Yanping’s lawsuit.
The airline maintains another legal recourse: if an investigation reveals another passenger forcefully opened the door from inside, Delta could pursue legal action against that individual to recover costs associated with Yanping’s lawsuit.
Photo: Clément AlloingSimilar Incident
The legal precedent for airlines pursuing passengers over injury incidents exists, as demonstrated by Aer Lingus’s (EI) notable case.
The Irish airline sued a passenger whose forceful removal of luggage caused a bottle to strike another passenger’s head. While the victim initially sued Aer Lingus under the Montreal Convention, the airline countered by pursuing legal action against the passenger deemed responsible.
The situation concluded with Aer Lingus reaching an out-of-court settlement with the injured party.
Aircraft manufacturers implement specific safety design features for conventional lavatory doors. These doors incorporate forward-hinging mechanisms to work with the aircraft’s natural flight position.
The Airbus A350, like other large aircraft, maintains a nose-up attitude during cruising altitude, creating a natural resistance against door movement. This engineering design serves to prevent doors from swinging open with excessive force.
All Images by Clément Alloing | Flickr
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