If a U.S. airline damages your mobility device, they must reimburse you for 100% of the repair or replacement cost. They must also provide a loaner mobility device for as long as repairs take. Follow the steps below to assert your rights.
1. Immediately contact the airline’s Complaint Resolution Official (CRO).
You can ask any airline employee to help you contact a CRO. The airline is required to make a CRO available in a timely manner (by phone or in person). Explain what happened and put the airline on notice that you will be filing a complaint requesting the cost of repairs or replacement. Also let them know you need a loaner device while repairs are being made.
2. File a Complaint With the Airline Within 45 Days of the Incident.
This can best be done through the airline’s comment and complaint section on their website. It is important to not skip this step because it obligates the airline to respond in writing. The Air Carrier Access Act of 1986 (ACAA) requires the airlines to pay for repairs or pay you the purchase price of the device. You have to ask the airline for the money. You should submit a complaint in writing that says:
“The Air Carrier Access Act of 1986 (ACAA) places total liability on the airline for damaged mobility devices, regardless of cost. I request direct payment of $ [enter the dollar amount] and a loaner for as long as the repairs take.”
3. File a Complaint with the U.S. Department of Transportation’s (DOT) Aviation Consumer Protection Division within 180 days of the incident.
File your complaint using the DOT’s Air Travel Service Complaint or Comment Form.
4. Potential Rights Under Texas Law.
Depending on how and where your mobility aid was damaged, you may have rights under Texas law.
If a piece of equipment on the plane is faulty and damages your device, you may have rights under Texas law. For example, if the system that is securing your mobility device is faulty and it breaks during a flight and causes damage to your device, you may have rights under Texas law to file a lawsuit.
However, if an airline employee damages your mobility device, you likely would not have a claim and would instead have to solely rely on the DOT’s investigation and decision.
To learn more about your disability rights and aviation travel, apply to get help from Disability Rights Texas.
Publication Code: TR4
www.DRTx.org
Statewide Intake: 1-800-252-9108
Sign Language Video Phone: 1-866-362-2851
Purple 2 Video Phone: 512-271-9391
Online Intake available 24/7: intake.DRTx.org
Disclaimer: Disability Rights Texas strives to update its materials on an annual basis, and this handout is based upon the law at the time it was written. The law changes frequently and is subject to various interpretations by different courts. Future changes in the law may make some information in this handout inaccurate.
The handout is not intended to and does not replace an attorney’s advice or assistance based on your particular situation.
To request this handout in ASL, Braille, or as an audio file, contact us.
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