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Ask Maverick Your Own Question
Maverick, Attorney
Category: Legal
Satisfied Customers: 6422
Experience:  20 years experience as a civil trial and appellate lawyer
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I like to file a lawsuit against Delta Airlines. I was

Customer Question

I like to file a lawsuit against Delta Airlines. I was mistreated by Delta Airlines Employees and denied to have my portable oxygen machine in use as the airplane flying in the air because the machine didn't fit underneath the seat in front. First stewardess ask if the portable machine had lock in the kickstand yes the machine does then she approach me second to inform me I had move from the seat I was seating on because there was no seat in front of where I was seated (right behind first class). The stewardess started talking loud demanding me to move so ask her for name she refuse to tell me and turn her name badge for I could address her any I told I have use my oxygen machine at all times, never had a problem with use my oxygen machine in use on any airplane up until this particular flight. I ask did policy and procedures change in the last hour the disable passenger traveling with oxygen machine? Because I just got off the airplane from last Vegas I had no problem matter a fact the Reservation Supervisor updated the paperwork for the portable oxygen machine to clear TSA Clearance. The stewardess came back with supervisor she started power tripping causing a seen in the plane. I never been so embarrassed and mistreated. I having a hard time now trusting airlines since this horrible experience.
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: It happened at Los Angeles, California Lax
JA: Has anything been filed or reported?
Customer: I filed a complaint to delta
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes I have to travel back in forth to California and North Carolina. I have to use to use oxygen machine 24/7 I have congestive heart failured, Chronuc obstructive pulmonary disease and Panic attack I'm disable passenger.
Submitted: 11 months ago.
Category: Legal
Expert:  Maverick replied 11 months ago.

Welcome to Just Answer! My name is***** give me a few minutes to review, analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 11 months ago.

If you want to sue Delta for this it may have to be done under an infliction of emotional distress claim. Here is what you must prove to win such a claim:

A cause of action for intentional infliction of emotional distress consists of: (1) outrageous conduct by the defendant with the intention to cause or reckless disregard of the probability of causing emotional distress, (2) severe emotional suffering and (3) actual and proximate causation of the emotional distress.

A cause of action for negligent infliction of emotional distress consists of: (1) a duty of care owed by the defendant to the plaintiff, (2) breach of that duty by the defendant resulting in severe emotional suffering and (3) actual and proximate causation of severe emotional distress.

You may want to consult with a local tort law attorney that handles these type of cases on a contingency fee basis of 33% if the case settles; and up to 45% if the case goes to trial. If you cannot find such a lawyer, then you can try to sue Delta yourself.

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Customer: replied 11 months ago.
I was admitted into the hospital after Airport first response was call I had a panic attack at the airport. I mistreated by airline staff
Expert:  Maverick replied 11 months ago.

Try this link to find the right lawyer near you.