From a legal standpoint, does a passenger who agrees to the responsibilities of an emergency exit row on an airplane have a legal obligation to assist in an actual emergency evacuation, and what are the penalties for failing to do so?
From a legal standpoint, does a passenger who agrees to the responsibilities of an emergency exit row on an airplane have a legal obligation to assist in an actual emergency evacuation, and what are the penalties for failing to do so?
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You would be guilty of violating 49 U.S. Code §46504 and could be sentenced to up to 20 years if your actions did not result in death, and if your actions resulted in death, you would also be guilty of negligent homicide and you could face up to life in prison
Yes you do.
If you refused to help, and somehow the person didn’t die, you’d be terribly exposed to a law suit. Ie they aren’t going to arrest you from criminal negligence in all likelihood, but someone could sue you and you would almost certainly lose.
I remember reading a story a few years back where a plane crashed and a passenger held up the evacuation while getting his carry on resulting in people dying. He was charged with their deaths after the fact
my advise: in case of energency, open the dammed exit door and get out. You might be the first one out.
you have no obligation to assist the evacuation and/or stay until the last person has exited.
The only help you may be expected to render is to pop the exit door and then get the fuck out of the way. They’re not gonna ask you to land the plane.
If for some reason you don’t act, it’s safe to assume either other passengers or crew will shove you aside and do it themselves.
The penalty for failing to act can range from you die in a smoke filled cabin, you get thrown to the tarmac, or you have the crap beaten out of you by some irate traveler. If you were being a real ass about it you might be sued or arrested too.
Pretty sure the rule is if your next to the door and have to open it then you should be the first one out. If your in my way when I get there I make sure you go out. Just maybe not down the ramp.
Let’s talk penalties:
I think the real question is why wouldn’t you? Failing to open the door could result in your own death in which case any legal obligations are moot.
No obligations, you are entirely welcome to sit there and die
Yes, when you agree to sit in the emergency exit row, you’re essentially entering into a verbal agreement with the airline. While it may not carry the weight of a formal contract in court, it still implies a duty to assist during an emergency. Failing to help could potentially open you up to civil liability, especially if someone is harmed because you didn’t act.
Legally, the obligation is a bit of a gray area. You’re expected to help, and you confirm this when you say yes to the flight attendant’s request. But unless there’s clear intent to harm or gross negligence, criminal penalties are unlikely. That said, there could be legal consequences in extreme cases.
I think most people have answered the black and white with debate to being the level of help you need to provide outside of getting the door open.
But now I’m wondering, if you agreed to the role for the seat, but during the crash you were rendered unable to do so (knocked out, pinned by debris, suffered an injury rendering you unable to operate the door, dead, etc.) are you still able to be punished for it afterwards? I mean, I would assume not but laws can be pretty funny about that sort of thing sometimes.
You get a stern glare from the flight attendant right before the plane explodes.
This is complicated. So, the questions that determine if there’s penalties are as follows.
Did they not help because they frozen or panicked?
Did they go out first because of hysteria?
Did they just say no and go out first without panic or hysteria?
Did somebody die because of thier direct lack of assistance?
There’s more questions that would determine the answer.
If nobody died or was harmed? Then no fly list and airline ban would be most likely I rely.
If somebody died and it was a deliberate not assisting? Then criminal charges.
If it was a panic or hysterical failure? Then, most likely only an airline ban or temporary no-fly ban.
The amount of armchair lawyers in this post is insane.
The penalty would be getting stuck on the plane, since it’s their job to open the door.
I would think they have something greater than a legal compulsion. I think there would be a moral imperative.
Surely it would depend on how you failed. Locking up or panicking would have to be taken into consideration.
I believe they only sit willing and able people there but now a days who knows cuz offended or whatever the fuck lol
What if a slide down off the wing is deployed, do you have an obligation to get down it to help people when they slide down?
No worries. They will desecrate his body for you right at the crash scene.
I guess it would depend on how the reacted in an emergency.
It’s easy to say ”yes, I will assist” when you’re on the runway prior to takeoff, but a good extent would find out they were wrong if it happened. If they froze up or panicked, probably not their fault.
But if they abandoned their post to go get their carry on and just got in the way for other reasons, as others have commented, then yes.
Yeah I get why you may feel like that. The difference that people are getting hung up on, which I agree with, preventing and exit is much different than help.
If I see a burning house – I don’t have to help. But if I stop people from exiting I’m committing a crime.
Ensure you are safe then ensure the safety of others. Always be a decent human being.
I was on a flight on Friday and sat in the exit row. They asked specifically “are you able to…” and asked for a verbal yes or no.
They did not ask if I agree to the obligation to help, and NAL but from dealing with contracts, this verbal agreement doesn’t contain all the legal prerequisites to qualify as a contract (verbal or not), so I think from a legal standpoint, if there were an emergency and you opened the emergency door and exited, you’d probably not be held legally responsible for not helping anyone (although you did open the emergency door).
Personally I think I would want to help in an emergency and plan to, but until one happens with specific circumstances, I admit I don’t really know what I would do and can’t certainly guarantee anything.
This! This is why I don’t fly! 😂
I’d imagine in reality this is unlikely to happen in a real emergency because most such passengers will instead be tempted to be the first one off the plane.
Depends, did you agree that you are both ‘willing and able to assist’?
If yes, then you can defeat demons from another dimension.
I always thought it was an obligation to open the door and past that it’s up to you how you want to help.
I hate everyone equally
I routinely book the aisle seat in an exit row for the extra leg room. All too often – actually seems like always – the person sitting next to the window is too fat or old and too fat to even fit thru the emergency exit. FA asks “are you willing and able to assist….” and of course they say yes. I want to yell NFW are you “able”! In an emergency they would effectively block the exit and get people killed.
“An exit door procedure at 30,000 feet, the illusion of safety”
–Tyler Durden
Yes, a passenger who agrees to sit in an emergency exit row is legally expected to assist in an evacuation, but there’s rarely any penalty for refusing—usually, they’re just moved or removed from the flight. Legal consequences only happen if someone gets hurt because of their inaction.
Umm. Yes, in most states around the world, if a bystander doesn’t offer assistance to a person facing hreat to life or danger to life or serious injury, that person may be charged with things depending on severity of inaction. There is a reasonable person test and other laws to determine if the actions were in mallice or something else, but in general its understood that if your actions cause harm to others you are liable.