Man Gets Stuck In EL AL Business Class Seat, Sues For “Mental Anguish”

While passengers suing airlines is pretty common, this has to be one of the most bizarre instances, as reported by PYOK.

EL AL faces business class seat lawsuit

An EL AL customer is suing the Israeli national airline over an incident that happened on October 23, 2022, on a flight from Tel Aviv (TLV) to New York (JFK). According to a lawsuit filed in New York, a “gentleman of advanced age” (as the lawsuit describes it) got stuck in a business class seat and a flight attendant had to pull him free, leading to serious injuries.

Lawyers for the man are arguing that the airline should be held accountable under the Montreal Convention, as flight attendants didn’t properly explain to the passenger how he could safely recline his seat.

According to the lawsuit, the traveler became stuck in the seat as it was being reclined. A flight attendant then had to “forcibly” free him, resulting in an injury that has caused “great pain, agony, and mental anguish.” He has now reportedly had to spend money on medical treatments for the injuries he sustained during the flight.

The Montreal Convention holds airlines responsible for any injuries that passengers sustain, unless it can be proven that it was due to the customer’s negligence.

For context, this flight was operated by an EL AL Boeing 787, featuring fully flat beds in business class with direct aisle access (you can read my review of the product here).

EL AL Boeing 787 business class

How can you get injured in a business class seat?!

Admittedly business class airline seats can be pretty complex nowadays. They typically cost tens of thousands of dollars to produce (or even more than that), and have several motorized functions that can be complicated to use. It can be easy to get small objects stuck in the seats and then damaged, whether it’s a smartphone or a pair of glasses.

But I can’t wrap my head around this situation. How do you get your body stuck in a business class seat, to the point that you’re seriously injured? It sounds like the passenger was reclining his seat when this happened. Did the passenger have some awful pre-existing injury, and/or how bad were the injuries he sustained on the flight?

The Montreal Convention of course puts the burden on airlines to ensure that passengers don’t get hurt. This should be an interesting case when it comes to deciding where exactly the line is drawn for negligence. Millions of people manage to use airplane seats every single day without injury, so what made this situation so different?

How exactly do you get injured in this seat?

Bottom line

A “gentleman of advanced age” is suing EL AL after he got stuck in a business class seat on a flight from Tel Aviv to New York. A flight attendant allegedly had to “forcibly” free him, leading to injuries that required medical treatment. This whole situation has caused “great pain, agony, and mental anguish.”

There are more questions than answers when it comes to this situation, and I’m curious to see how this case plays out.

What do you make of this EL AL business class seat situation?

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Lawyer A Guest

The Montreal Convention relieves the airline of liability if the passenger is 100% at fault for his injuries. It will be very tough for this passenger’s lawyers to prevail here since they’re not claiming that the seat malfunctioned. And there’s no claiming a design defect because the chairs are FAA approved. It comes down to El Al’s common practices. Do they normally instruct passengers on how to operate buttons? I suspect the instructions are provided the seatback materials rather than given verbally. But if they are, do they really not do that here? (Doubtful.) I feel bad for the guy, but I specialize in this area of law and I’d decline this case.

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Roger Cohn Guest

Sounds like bull to me. Another lost trying to scam a lawsuit to line their pockets. In sure he'll settle for a few free tickets and $10-$20K.

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Ira Guest

Was he overweight ? Did he have a ore existing condition physically and mentally ? It seems unlikely there was a malfunction with the seat these planes are pretty new .

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Watson Diamond

@Brodie: An obese person can lose weight, but you'll always be an asshole. Sad.

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Laura W Guest

If he needed help he should have asked. FAs give safety briefings not individual tutorial in how to operate the seat. Was this the first time this passenger flew business class? I hope the FA can articulate what happened that day when they are summoned.

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