Theyd bought the seat in question for their oldest child, 18-year-old Mason Schear, who ended up flying home a day earlier than the rest of the family. Brian Shear is a senior litigator with more than 30 years experience. Video posted to YouTube by Brittany Schear of Huntington Beach shows the disagreement between her husband, Brian Schear, and several Delta flight attendants. Shear wanted to transfer his ticket on the plane without making arrangements ahead of time through the airline. Brian and Brittany Schear of Huntington Beach, California, told CBS Los Angeles that they were returning from Kahului Airport in Maui, Hawaii with their two toddlers. Copyright 2021 NPR. They then filled our 4 seats with 4 customers that had tickets but no seats. For kids under the age of two, we recommend you purchase a seat on the aircraft and use an approved child safety seat, it states. Brian Schear says his family were forced off the plane because it was overbooked "We never thought it was going to get to the point where they were actually getting us all off the flight," Schear told CBS Los Angeles. Point, blank, period. The Schears said they were then forced to find their own hotel, transportation and purchase new tickets for a flight the next day all after midnight. The employee said that because Schears teenage son was not present and the ticket was in his name, the 2-year-old could not sit there and had to give up the seat. It also touched on the requirement that a person occupying a seat on a plane must be named on the ticket for it. Delta is the latest airline to face fallout from an on-plane dispute, after a family that was forced off an overnight flight from Maui to California posted video that saw the crew say agents would put the parents in jail and place their children in foster care. On video, the employee said that because Schears teenage son was not present and the ticket was in his name, the 2-year-old could not sit there and had to give up the seat. This is what delta did to us last week. He then describes how he and his family had gotten onto the plane after passing through multiple checkpoints in the airport and at the gate, where the airline could have stopped them before they took their seats and set up their two toddlers in car seats. The employee reportedly told them: You have to give up the seat or youre going to jail, your wife is going to jail and theyll take your kids from you., I Am Not Going! New Footage Shows United Airlines Passenger and Police Arguing Before Hes Dragged Off Plane. The Schear family of Southern California says they were threatened with jail time and having their kids taken away. Mason left on a separate flight a day earlier, so with three paid seats and Mason not on the flight, the family planned to let the 2-year-old have his own seat. But clarity was hard to find on the tarmac where Flight 2222 sat in Maui late on the night of April 23, and the two sides could not find a compromise. Instead, he's told, the only options that remain are for either the family to get off the plane or have everyone on the flight leave the plane. Delta Worker Threatens Passenger's Family With Jail Over - TheWrap It was midnight in Maui and we had to get a hotel and purchase new tickets the following day.. Location of This Business. CrossPond Law offers one-stop global patent and trademark prosecution services, as well as outsourced . In a statement, Delta said it was "sorry for the unfortunate experience," a day after Brian and Brittany Schear posted a video online showing them being told to leave a flight or be arrested. Lack of family values. "Unbelievable. Access your case information online using MyCase. Couple with infant son kicked off Delta Airlines flight and - Yahoo Brian Schear is heard saying: "I paid for the seat, I bought the seat." A Delta employee is then heard saying: "This is a federal offense, you and your wife could be in jail and your kids will be . Tickets are non transferable. The Transportation Security Administration said federal regulations dont prevent changing the name on a ticket so long as the new passengers name can be run through a database to confirm the person isn't a threat before the flight. Brian and Brittany Schear, the passengers Delta booted from their April 23 flight, shared video of the incident on Thursday. U & UR handled that so amazingly well. It was a red eye flight, and Schear says in the video that they decided to let the toddler use the older sons seat because otherwise the child would be crawling all over his wifes lap and be less safe. In it, Schear and crew members argue over. 51-page document called a contract of carriage, Your California Privacy Rights/Privacy Policy. On its website, Delta recommends that parents buy a seat for children under 2 and put them in an approved child-safety seat. It also comes a month after Dr. David Dao was forcibly dragged off a United flight for refusing to give up his seat on an overbooked flight. That did not happen in this case and we apologize.". Anybody else suspicious of the man, Brian Schear, who was kicked off a Delta Airlines flight possibly being paid by United Airlines to create and record the situation? The incident occurred on April 23, but footage of the ordeal was just posted to YouTube on May 3 by Brian Schear, the customer who can be seen arguing with a flight attendant during an eight . Delta also recommends on its web site that parents buy a seat for children under 2 and put them in an approved child-safety seat. I bought that seat, Brian Schear says in the video, shocked. The Linda WAMC's Performing Arts Studio. The incident occurred on flight 2222 from Maui to LAX on April 23, but it didnt hit the Web in earnest until early May. In it, he explains that he initially purchased the seat for his 18-year-old. Josh King has the story (@abridgetoland). Brian and Brittany Schear of Huntington Beach, California, told CBS Los Angeles that they were returning from Kahului Airport in Maui, Hawaii with their two toddlers. ", After flashing a thumbs-up, Schear then rises, saying, "We need someone to help with our car seats, to carry them off.". The latest video of a clash between airline passengers and crew on a Delta Air Lines flightfocused the spotlight on confusing federal and airline rules governing travel for small children. Family Kicked Off Overbooked Delta Flight Over Infant Seat Now a video of the incident is going viral. Delta overbooked the flight, meaning people were waiting to board while attendants looked for extra seats. OCAP can create a stipulation at the start of the case, or at any point in the case if the parties come to an agreement. DaniellaSilva is a reporter for NBC News, focusing on education and how laws, policies and practices affect students and teachers. Delta Air Lines is offering refunds and additional compensation to California parents who claim they were kicked off a flight on April 23 for refusing to give up a seat held by their 2-year-old son. That did not happen in this case and we apologize.". "Great customer service. That did not happen in this case and we apologize, said the airline. Brian Schear insists to the employees that the family took a Delta flight earlier in the week from Los Angeles to Maui with their son fastened in a child safety seat and placed in an individual seat. Thats not right, Schear responded. The couple were asked to hold their 2-year-old son on their laps so his seat could go to another passenger on the overbooked flight. The companys website says it does vehicle condition reports. Delta apologized Thursday and offered a refund to the Schears. "I'm not a confrontational person and when you're a mother and you have your 1-year-old and your 2-year-old and they threaten to take your kids away from you, I mean whether that's possible or whether that's, you know against the law, it just, it made my heart drop," she said. That employee was incorrect, as the FAA says on its website that it strongly urges parents to secure small children in an approved child safety restraint device, or car seat, throughout their flight. This time, it's Delta. Delta 'Sorry' For Booting Family Off Plane - CBS Philadelphia The problem from the airlines standpoint is that the original ticketed passenger was no longer using the seat, and the plane was overbooked, although the airline denies the latter was the reason the family was kicked off the plane. In its statement about the incident, Delta says: "We are sorry for the unfortunate experience our customers had with Delta, and we've reached out to them to refund their travel and provide additional compensation. The couple captured the incident on video and uploaded the footage to YouTube. You will hear them lie to me numerous times to get my son out of the seat.The end result was we were all kicked off the flight. Do you want to get off on your own? the airline worker says. File. "We are sorry for the unfortunate experience our customers had with Delta, and we've reached out to them to refund their travel and provide additional compensation," the company said in the statement. It was the middle of the night, we had no hotel to go to or a car. email [email protected]", According to the Delta website, "For kids under the age of two, we recommend you purchase a seat on the aircraft and use an approved child safety seat.". Awesome. "Then it's going to be a federal offense," a crew member tells him. Video related to brian schear family: 5 fast facts you need to know. Later in the recording, Schear offers to hold the child in his lap for the flight, and is rejected. ", In his posting of the video that was filmed by his wife, Brittany, Schear wrote, "The end result was we were all kicked off the flight. Delta's goal is to always work with customers in an attempt to find solutions to their travel issues. Im not trying to cause a problem, but I believe in standing up for whats right.. The airline wanted to put another passenger in the seat. A spokesman said Delta would not disclose the amount of the refund or compensation. In a statement to PEOPLE, Federal Aviation Administration officials said, The safest place for a young child under the age of two on an airplane is in a child restraint, not on a parents lap., If a seat is purchased for a child, an airline must allow that child to use the restraint as long as the child meets the restraint manufacturers height and weight criteria, it is properly labeled and says that it is approved for use on aircraft, is not in an exit row, can be properly installed in the aircraft seat, and the child holds a ticket for the seat.