Nearly two years later, a man has sued Delta and another passenger for negligence after being mauled by an emotional support dog on a flight to San Diego.
Marlin Jackson claims he was sitting in a window seat on a flight from Atlanta to San Diego in June 2017 when the oversized emotional support dog of the passenger next to him suddenly pushed him against the window and attacked his face. The dog was pulled away but broke loose and mauled Jackson for a second time. The “chocolate lab pointer mix” was traveling with a U.S. Marine veteran and began growling at Jackson before he attacked.
The lawsuit, obtained by the Atlanta Journal-Constitution, alleges:
- Jackson “bled so profusely that the entire row of seats had to be removed from the airplane”
- 28 stitches and ongoing medical treatment were necessary to address the punctures and lacerations on his face
- Jackson suffered “permanent injury and loss of sensation in areas of his face”
- Emotional distress and mental anguish
- Loss of income and earning potential
- Exorbitant medical bills
To show negligence, Jackson must show Delta failed to exercise a proper standard of care even though it had a duty and could foresee the consequences of not doing so. The lawsuit claims:
The harm of large, untrained and unrestrained animals in the cabin of an airplane was reasonably foreseeable to Delta, or should have been….[Delta] knew or should have known that subjecting passengers and animals to close physical interaction in the confined, cramped and anxious quarters of the cabin, presented a reasonably foreseeable harm.
This was the incident that led Delta, as well as American and United, to make changes to their emotional support animal policy.
> Read More: Delta Seriously Restricts Emotional Support Animals
> Read More: United Cracks Down on Emotional Support Animals
Jackson is being represented by the law firm Alexander Shunnarah & Associates. You can see a picture of the injuries below (WARNING: GRAPHIC)–
CONCLUSION
My guess is that this lawsuit comes now because the statute of limitations is two years. As you can see from the pictures above, this was a horrible attack and certainly deserves compensation. Now a jury will decide how much.
More importantly for all of us, this tragic indecent led to meaningful changes onboard so that we, the traveling public, will be far less likely to be subjected to dogs like the one that attacked Jackson.
I hope he gets millions. The sheer lunacy of putting an animal in that situation: in a stressful environment, full of strangers, loud and unusual noises, in cramped conditions with a stranger right in his space, under the supervision of an owner who is , by definition, stressed himself ( through no fault of his own). MILLIONS, Delta is culpable.
Delta is culpable. That other passenger is culpable unless that is a certified support dog. Slapping a bandana around any mutt and calling them emotional support is utter garbage.
The dog owner has mental problems and should be sent to a mental hospital. The owner admits having emotional problem by having an emotional support dog. Either that or the owner is a fraudster trying to defraud Delta by bringing a pet disguised as an emotional support dog.
The dog should have been in a carrier or muzzled.
If a dog growled at me, I would be concerned and would try to move.
Mr Jackson’s injuries are horrific, potentially life changing.
This reinforces my view that people who need ’emotional support animals’ should not be flying and anyone who has had one should need a psychiatrist’s cert to say they are stable to fly.
I agree. As the federal government revisits guidelines, I hope it will give airlines more leeway in fully banning all emotional support animals.
I agree. I believe that Emotional Support Animals should be banned from Air Travel in general. Animals can go in the Cargo Hold, as some carriers have an option for this.
I usually hate sue-happy individuals, but certainly hope that Marlin wins big. I think the owner of the dog should be put in prison and the dog put to sleep. Keep in mind, I am a dog-lover.
Any “chocolate” colored dog has neurons that could potentially misfire. They are not to be trusted. This comes from over 25 years of veterinary experience.
ESA’s should not be allowed in the cabin, period. This is another policy that the airlines instituted (like baggage fees) without thinking about the unintended consequences.
Most dogs act fine at home, but when subjected to all the strange noise and airport congestion, even the most
mellow dog can freak out. Stores (like Costco) are now refusing ESA in their facilities for these same reasons, including health. Many people are fearful or allergic of/to any animal. Why are airlines putting animals before humans?
Airlines are not putting dogs before humans. The reason the animals are on the plane in the first place is because when an Airline puts the safety of the vast majority of the travelling public first (and the animals for that matter), certain individuals claim they are discriminated against ans the airlines are left with little choice. Welcome to the USA…
Unlike others, I am not an attorney.
I really feel for the victim in this case. I am not sure there is a valid case against Delta because they were required by law to accommodate this dog.
Let any airline put a dog like that next to me and one of us is not flying. Sadly, under the laws the one not flying will likely be me.
Plain and simple: if you have emotional problems that you need an animal to help you should NEVER been locked into a metal tube at 30,000ft. I am sorry but placing others in danger just because of one person is selfish.
Aaaand… That’s why american society is a stupid society. In order to be viewed as non discriminating towards disabled people, they actually discriminate normal common people. By creating reasons of “emotional support” instead of strap jacket, somebody was gravely injured.
Oh, by animal, is it the dog or the marine or both?