Airline Deregulation Act does not completely preempt claims by passenger who fell down airplane steps

Law Reporter, May 2004

Deahl v. Air Wis. Airlines Corp., No. 03 C 5150, 2003 WL 22843073 (N.D. Ill. Nov. 26, 2003).

A U.S. district court held that the Airline Deregulation Act (ADA), 49 U.S.C. § 1305, does not preempt all claims of a woman who fell down a set of airplane stairs to the tarmac when disembarking her flight.

Here, Deahl was leaving a plane using a set of stairs that was not attended by airline personnel and had a handrail only on the left side. Deahl fell off the right side of the stairs to the tarmac and was injured.

Deahl sued the airline for negligence in failing to supervise passengers disembarking and provide a handrail on the right side of the stairway. Defendant moved to dismiss, contending that plaintiff's state law claims were preempted by the ADA. Defendant argued that the aircraft and its components were certified as safe by the Federal Aviation Administration, and the ADA preempts state law by displacing all nonfederal law dealing with "rates, routes, and services."

Denying the motion in part, the court held that plaintiff's claim the airline was negligent in not having a right-side handrail is preempted, but her claim that the airline should have had staff supervise the disembarkation of passengers was not. Because different states may reach inconsistent results on appropriate equipment, the court said, the equipment airplanes must have should be determined by federal law. However, because the federal law does not address the manner in which the equipment is used, and such a claim does not diminish federal law obligations, the claim regarding the manner in which the equipment was used is not preempted, the court said. Thus, plaintiff's claim that the airline should have had personnel on hand to assist passengers leaving the aircraft may proceed.

Plaintiff's Counsel

*Robert J. Bingle, Chicago, Ill.