Do I have a case against Delta in this scenario?

[rrlamichhane]

What is the name of your state (only U.S. law)? Oregon

My Delta flight to India got cancelled and they put me in another flight the next day causing a total of 24 hour delay on my travel. The flight was cancelled not because of 'act of god' condition, but because of some sort of mechanical failure. I had an international doctor appointment and a surgery procedure scheduled which I missed by a day. Because of the delay, and lack of any more time for the doctor, we had to downsize our surgery and I will need to be back after about a year to get the full result that was initially planned. This would mean I will need to spend a lot of money in travelling and lodging, and also a week of my time which would result in lost wages, not to mention the hardship and suffering I have to go through again because of the surgery and travel.

I'm thinking about filing a lawsuit at small claims court at Oregon, but just wanted to check thoughts of other people who have more knowledge on this realm than I do. I would appreciate if you can be rather descriptive in your answers as I do not have any substantial knowledge on legal matters.

Thank you all in advance.

 

[cbg]

I'm not seeing a case against Delta. It's not their fault you scheduled your flight with no allowance for potential schedule changes and didn't purchase travel insurance.

 

[Proserpina]

What is the name of your state (only U.S. law)? Oregon

My Delta flight to India got cancelled and they put me in another flight the next day causing a total of 24 hour delay on my travel. The flight was cancelled not because of 'act of god' condition, but because of some sort of mechanical failure. I had an international doctor appointment and a surgery procedure scheduled which I missed by a day. Because of the delay, and lack of any more time for the doctor, we had to downsize our surgery and I will need to be back after about a year to get the full result that was initially planned. This would mean I will need to spend a lot of money in travelling and lodging, and also a week of my time which would result in lost wages, not to mention the hardship and suffering I have to go through again because of the surgery and travel.

I'm thinking about filing a lawsuit at small claims court at Oregon, but just wanted to check thoughts of other people who have more knowledge on this realm than I do. I would appreciate if you can be rather descriptive in your answers as I do not have any substantial knowledge on legal matters.

Thank you all in advance.

Unfortunately I believe you're going to find that as with any airline, they do not guarantee any given flight schedule. You can read here, http://www.delta.com/content/www/en_US/legal.html but I don't hold out for much success.

Their main defense is going to be that they did actually get you to your final destination in the fastest possible time. Unexpected mechanical failure may or may not fall under "force majeure"; it's airline specific. They'll also (generally) try the "if you absolutely needed to get there by X time on a certain day, it's up to you to make sure that you have a contingency plan" route.

Airlines have made it incredibly difficult for passengers to successfully sue.

Edit: ditto CBG

 

[Zigner]

From: http://www.delta.com/content/dam/delta-www/pdfs/legal/contract_of_carriage_intl.pdf Rule 80


A. Flight Schedules are Not Guaranteed
Delta will exercise reasonable efforts to carry passengers and their baggage according to Delta’s published schedules and the schedule reflected on the passenger’s ticket, but published schedules, flight times, aircraft type, seat assignments, and similar details reflected in the ticket or Delta’s published schedules are not guaranteed and form no part of this contract. Delta may substitute alternate carriers or aircraft, delay or cancel flights, change seat assignments, and alter or omit stopping places shown on the ticket at any time. Schedules are subject to change without notice. Except as stated in this rule and as provided in Rule 55, Delta will have no liability for making connections, failing to operate any flight according to schedule, changing the schedule for any flight, changing seat assignments or aircraft types, or revising the routings by which Delta carries the passenger from the ticketed origin to destination.
B. Delta’s Liability in the Event of Schedule Changes, Delays and Flight Cancellations
In the event of flight cancellation, diversion, delays of greater than 90 minutes, or delays that will cause a passenger to miss connections, Delta will (at passenger’s request) cancel the remaining ticket and refund the unused portion of the ticket and unused ancillary fees in the original form of payment in accordance with Rule 90(b) of these conditions of carriage. If the passenger does not request a refund and cancellation of the ticket, Delta will transport the passenger to the destination on Delta’s next flight on which seats are available in the class of service originally purchased. At Delta’s sole discretion and if acceptable to the passenger, Delta may arrange for the passenger to travel on another carrier or via ground transportation. If acceptable to the passenger, Delta will provide transportation in a lower class of service, in which case the passenger may be entitled to a partial refund. If space on the next available flight is available only in a higher class of service than purchased, Delta will transport the passenger on the flight, although Delta reserves the right to upgrade other passengers on the flight according to its upgrade priority policy to make space in the class of service originally purchased.

 

[OHRoadwarrior]

It was your poor planning and attempting to arrive at the last minute that caused the problem. You should have allowed time for normal delays.