TORTS — UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN HOLDS THAT AN AIRLINE HAS A DUTY TO PROTECT A CHILD PARTICIPATING IN THE UNACCOMPANIED MINOR PROGRAM FROM THE CRIMINAL ACTS OF A THIRD PARTY: GARZA V. NORTHWEST AIRLINES, INC.

摘要

Recognizing that there are times in modern society when a child may be required to travel without a parent or guardian, most major air carriers have developed programs to assist parents and children with their travel. These programs are aimed at easing the parents' anxiety about allowing their children to travel alone and ensuring that children have an enjoyable trip and arrive at their final destinations without trouble. Although the airlines have policies in place to make the travel experience as easy as possible for both children and parents, mishaps are bound to occur. The question then becomes: who is responsible when they do? In the recent case of Garza v. Northwest Airlines, Inc., the Eastern District of Michigan addressed what duties, if any, an airline has to protect a child from the criminal acts of fellow passengers. The court held that Northwest Airlines had a duty to protect a child participating in its "Unaccompanied Minor" program from criminal sexual molestation by a fellow passenger. However, this holding lacks merit because the court read the allegations in the plaintiffs complaint too broadly and failed to adequately distinguish the case from Michigan Supreme Court precedent regarding a merchant's duty to business patrons. Consequently, the court found a duty where one did not exist.