Document Type


Publication Date

Spring 2003


Savvy air travelers frequently request emergency exit row seating in an effort to enjoy a more comfortable flight., for example, describes an emergency exit row as "a safe haven for those who prefer a kid-free flight experience, as children are not allowed to occupy these seats."' It further recommends emergency exit rows because they "provide more leg room and often have fewer seats than a regular row." Most exit row passengers, however, after requesting to be seated in an exit row, "do not read the safety information provided to assist them in understanding the tasks they may need to perform in the event of an emergency evacuation. Current emergency exit row seating regulations are not sufficient to educate exit row passengers on safety information. To combat this problem as well as compensate historically undercompensated injured air travelers, exit row passengers should be held liable for injuries resulting from their inadequate attention to safety instructions. Although various complicated issues are involved, a negligence cause of action appears to be a viable way of imposing this liability. Hopefully, aviation attorneys will use this article as a guide to litigating of this new cause of action.