Abstract

Airlines have a duty to exercise the highest possible degree of care to protect passengers from the foreseeable acts of fellow passengers. If passengers are injured as the result of such assaults, the airlines are liable for those injuries. Airlines have both the right and the duty to deny transportation when there are reasonable grounds to believe that a passenger poses a threat or annoyance to other passengers. In-flight assaults are generally foreseeable (and may be preempted) because there usually is an escalation of conflict through these stages: frustration, agitation, belligerence, and physical violence. On-board security personnel cross-trained as flight attendants are fundamental to backing up regular flight attendants. Airlines have the right and the duty to restrain and isolate potentially violent passengers; however, flight-crew members should not rely on other passengers for assistance because passenger-volunteers may themselves have propensities for violence.

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