Submitted by mitchmcc on Wed, 07/08/2009 - 23:22
Posted in
Hi all
I have a claim against an airline concerning a canceled flight and resulting expenses. Currently, I am planning to pursue my claim in small claims court. I have sent a 30 day demand letter and am planning to sue for triple damages based on breach of contract. I think I have a good case based on both the airlines Conditions of Carriage and on EC regulation 261/2004 which covers flights by carriers based in the European Community between EC destinations - the flight in question fits into these categories.
My actual losses are $770. Under EC 261/2004, I believe I am entitled to a compensation tariff of 600 Euros per person (3,000 Euros total). I realize that this exceeds the small claims minimum but the maximum I could recover in regular court, even with triple damages, would only be $15,000 versus the $6,000 I could recover in small claims.
So my question is, is it worth looking into hiring an attorney? If I win the $15,000 I think I can recover attorney's costs as well but how much am I going to have to gamble in fees in order to have a shot at the $15,000? Should I just pursue the low cost route to a possible $6,000 win?
Alternatively, is this case potentially worth more than $15k? Based on the details of my situation, I know that the airline must have done this to many other people. Would punitive damages be possible in a case where the airline is playing the odds? Treating hundreds, or thousands, of people unfairly on the assumption that only a few will sue for relatively small amounts.
I'd greatly appreciate any thoughts or advice anybody has.
Best
Mitch McCann
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Editor's Response
That must have been quite a mess to create damages that high. All I can tell you about this particular situation is that, here in Massachusetts, small claims court does not hear claims in excess of $2000. My best advice to you (given I know nothing about this area of the law) is to find an attorney who does. Many attorneys offer free consultations and will be happy to listen to your description of the facts and then give an opinion about whether you have a valid claim or not. Good luck.