DEAR DIANA

"Do I have legal grounds to demand a seat on an airplane that fits? Do you think the airlines are aware of the situation?"-Ed

DIANA RESPONDS

Dear Ed,

Yes. The airlines are most certainly aware of the situation. Last year, the airlines even banned a device invented by a tall traveler with battered knees, which prevents the seat in front from reclining.

And then there's the legal arena. The airlines have lost one lawsuit from a tall passenger; then won a second suit.

PASSENGER WINS IN THE UK

In 2002, a 6' passenger won a monetary settlement after testifying, "I sat for eight hours at an angle" causing a painful spasm in the leg and a fear of contracting deep vein thrombosis.

PASSENGERS LOSE IN CALIFORNIA

The Tall Club of Silicon Valley sued a dozen U.S. airlines including American and Southwest on behalf of all Californians 6' 2" and up. The club did not ask for money, only seating accommodations, arguing the conventional seating causes health problems.

In 2003, the case was dismissed following a recommendation from the Department of Transportation, stating "A new seating rule would conflict with the aviation regulatory scheme." On appeal in 2004, the dismissal was upheld.

Tall Club's attorney Tom Cohen (6' 6") pithisized, "So tall people will remain squished."

With 65 tall clubs nationwide, one legal option may be to get on board with the deep vein thrombosis (DVT) law suits. Worldwide, there are now thousands of DVT cases wending their way through the courts.

The legal definition of an "accident" has hobbled a number of DVT cases, but the tall passengers' plight might be just what the lawyers are looking for. In confined economy spaces, tall passengers' legs are repeatedly injured -- just getting to and from their seats. These leg bruises are "accidents" that can trigger DVT and make the airlines liable.

An 8-year survey on Flyana.com invited complaints and tips from tall travelers. Among the hundreds of respondents, there were a dozen mentions of near-fatal blood clots after flying. One 6' 10" traveler wrote to me: "I literally couldn't get in my assigned seat without jamming my legs. Shortly after my return home, I suffered a deep vein thrombosis, then almost died from a pulmonary embolism."

A 6' 7" respondent to Flyana.com reported that a flight attendant came up to him after takeoff and said, "I'll do something for you because you look like you're in pain," and she moved him to first class.

Dear readers, most of the time, regrettably, flight attendants are not able to help as much as they would like to. Flight attendants have too many required tasks, including servicing passengers and pilots with food and beverages, and always being ready to thwart would-be terrorists. On top of this, cabin crews must care for the ill, placate the berserk, and protect passengers in all manner of unforeseen mechanical events that take place while crossing time zones at high altitudes.

In my book Strategies for the Wise Passenger, there are there are 14 insider tips to help tall passengers cope with the challenges of flying, Here are two of these tips including how to get double the leg room in an exit row... You can also purchase my Special Report for Tall Pax.

For tall travelers, flying is more than uncomfortable, more than painful, it may be downright dangerous.

I hope this is helpful.

With loving regards,
Diana Fairechild