Passenger forced to stand for a seven-hour airline flight

At nearly seven hours, US Airways flight 901 is one of the longest domestic nonstop airline flights. And Arthur Berkowitz knows how long it takes to get from Anchorage to Philadelphia down to the minute. That’s because he says he had to stand for most of the flight when he returned to Philly last July.

Why would anyone stand for that long? Because he says a morbidly obese passenger seated next to him was spilling into his personal space, making it impossibly to sit in his assigned seat, and the flight was completely full.

“I didn’t fly from Alaska to Philadelphia on flight 901,” he says. “I stood.”


Telling an airline passenger who can’t fit into a seat to stand is pretty unusual. But it happens. The question is, what should the airline do about it?

Before answering, let’s review some of the specifics of Berkowitz’s complaint. He boarded the flight on July 29, and was grateful to find an empty middle seat next to him. But that gratitude turned to horror when the airline sent a late-boarding passenger who weighed more than 400 pounds to the seat. It was the last empty one on the plane.

“His size required both armrests to be raised up and allowed for his body to cover half of my seat,” he says.

Berkowitz immediately notified the flight attendants about the passenger. He recalls,

They were sympathetic, but could not do anything. No other seats existed on plane. They would not permit me to sit in their jump seats, and fully acknowledged the mistake by their gate agent, in allowing this individual on plane without requiring him to purchase and occupy two seats.

That wasn’t just a comfort issue, according to Berkowitz. It was also a safety problem.

“It did not allow me to use my seatbelt during takeoff and landing as well as required me to stand in the aisle and galley area for most of the seven-hour plus flight,” he says.

After he returned, he wrote a brief, polite email to the airline, asking it to refund his fare or for a voucher for the full amount. He also reported the incident to authorities, citing his safety concerns.

US Airways responded with an email that described his travel experience as “regrettable” and apologizing for the “difficulties” he encountered.

“Our intention is to offer the best travel experience possible,” it added. “The details you have provided indicate that we have failed to meet our intentions.”

The airline offered a $200 voucher for Berkowitz’s trouble. It didn’t address any of his safety issues.

He wasn’t happy with that, so he contacted me. I reviewed his case and agreed with him that US Airways might want to take another look at his complaint. I mean, leaving a passenger with no alternative but to stand for almost seven hours — if that’s true, then this might be one of those rare cases when a full refund is in order.

I contacted US Airways on his behalf. A representative told me US Airways had made its last, best offer. It didn’t say anything about the safety concerns this case raises.

Berkowitz says the airline is missing the point. It is glossing over the safety problems created by allowing overweight passengers to buy one seat.

“The $200 is inappropriate,” he adds. “I paid more than $800 for the ticket.”

  • http://twitter.com/Kisai Kisai

    Going to have to agree. If you didn’t pay for two seats, you don’t get two seats. Not really sure why the flight crew left the gate without all passengers in their seats.

    As for “armrests”, I don’t really care. All the flights I’ve ever been on have been 5+ hour types, and the worst I’ve had was the window seat when a larger couple had the aisle and middle seat. I just didn’t bother to leave the seat. I’ve more frequently have been on flights where the middle seat was vacant (Alaska and Westjet.)

    The other argument in the comments is the reclining seats. I never recline my seat unless actually trying to sleep, but being a short-to-average person I don’t care if the person in front reclines theirs. 

    Typically I prefer the window seat because I tend to want to close the window if I want to sleep, but most flights have been at night anyway.

  • http://www.facebook.com/andrelot Andre Lot

    Caitlin, I agree that some people are naturally more on the “chubby” side by genetics and not everyone is slim-trim. However, the type of obesity that makes you not fit in your airplane seat and crush your neighbor to the point it is going to break his hips, almost always, is a product of excessive eating, not a mere genetic “chubyness” (sic). 

  • http://www.facebook.com/andrelot Andre Lot

    Caitlin, I agree that some people are naturally more on the “chubby” side by genetics and not everyone is slim-trim. However, the type of obesity that makes you not fit in your airplane seat and crush your neighbor to the point it is going to break his hips, almost always, is a product of excessive eating, not a mere genetic “chubyness” (sic). 

  • Georgiatechalum92

     dude, you’re the f***ing idiot. it is their f***ing faults for being fat asses. they need to learn the discipline to live a healthier life. it’s not like they got there eating healthy and exercising daily. they are damn lazy and apathetic about their consequences. also, you are f***ing stupid for saying that you’ll gain the weight right back. what the f**k kind of studies are you reading? obviously you need to learn how to read… or you need to throw away these false publications.

  • Jason N

    Actually, seat widths don’t change and haven’t changed since the start of jet travel (40+ years) by more than an inch or so. It really is the people varying (growing) in size rather than seats changing. Of course, buying a first class ticket would solve all of this.

  • Jason N

    1. First class
    2. Two seats in coach
    3. Duct tape to the wing

    Take your pick.

  • Valkrider69

    You know what?  I pay for my space and if you need more than you paid for you should consider purchasing larger amounts of space for your laptop or whatever you think you need to utilize on a flight.  There is no reasonable expectation that you will have more space in your seat than you actually paid for so being irritated that you only get what you were willing to pay for is unreasonable.  I fly frequently and people who whine to the crew or other passangers that they can’t work on their computer in coach should do it before or after the flight.

  • Valkrider69

    You know what?  I pay for my space and if you need more than you paid for you should consider purchasing larger amounts of space for your laptop or whatever you think you need to utilize on a flight.  There is no reasonable expectation that you will have more space in your seat than you actually paid for so being irritated that you only get what you were willing to pay for is unreasonable.  I fly frequently and people who whine to the crew or other passangers that they can’t work on their computer in coach should do it before or after the flight.

  • guest

    The same thing happened to me on a United flight from Denver to Orange County. My 5 year old daughter had to sit in the seat next to the obese man, as the arm rest couldn’t come down and he was taking up at least 30% of my daughter’s seat. I even discreetly took photos of the situation, clearly showing how large the man was for his seat, and sent a letter to Uniter after the flight. Their response… basically, oh well, too bad for you. All they did was give me a $50 flight voucher – that has to be used on United and within the next year. BLEH!! My daughter’s personal space was clearly violated on that flight!!! What a horrible way to start a surprise Mommy / Daughter trip to Disneyland.

  • http://twitter.com/anwoodgate A Nieva-Woodgate

    What I’d like to know is what the NTSB or FAA or whomever feels about the safety violations… Have you ever tried standing up before the seat belt light is off when you reach the gate? I was on a flight once were the takeoff was aborted because a passenger got up to go to the bathroom. Did he ever hear back from authorities?

  • Simmis_n_dream

    I know a very slim girl turned to an obese girl within 3 months due to a medication that she had to take to fight some sort of kidney problem. Sometimes, we human tend to conclude too soon before gathering and analyzing all data.

  • Bryfrench9

    hey you nerds —keep on the subject, not confort zone,—why didn’t the airlines have the 400# men stand during the flight, or put him into the cargo hold— or have the 400# man take another flight —end of problem

  • Anonymous

    If this happens to you again, insist that the armrest stay down.  If the person still spills over, contact the FA immediately and stand in the aisle.  They shouldn’t take off until the issue is resolved.  Gate agents and airlines need to grow a pair and tell obese pax that they must buy two seats and if two seats aren’t available, they will need to wait until the next flight that has two seats available.  I pay for 100% of my seat not 70%.  The obese passenger pays for 100% of his seat not 100% of his seat and 30% of mine.  

    It’s irrelevant to me how the obese pax got that way.  It is that person’s problem and he/she needs to take responsibility for solving it, not making it someone else’s problem.  

  • http://pulse.yahoo.com/_7UITVJTXVSSNF22KQVEIHYK2B4 Joe

    No US Airways

  • Anonymous

    Whether obese, tall, smelly, loud, or otherwise incurring an inconvenience to the people around you (within reasonable limits), no one has the right to intrude on another’s paid-for space. 

    If someone’s physical condition or grooming or interpersonal choice knowingly inconveniences others, it’s their responsibilty to remedy it by complaining to the service provider, or getting a bulkhead or exit aisle seat, or whatever it takes.

    It is NOT the responsibility of the other person to have to do anything for what they paid for or should expect as common courtesy.

    Inconveniencing others knowingly is a cop out and and imposition, and quite often, downright arrogant.

    Of course, as with screaming babies, etc. we all have to be tolerant of our fellow humans when it is called for.

  • Anonymous

    That’s all understandable, and I sympathise. 

    But if it affects others, it is YOUR issue which you are making OTHER’s issue.

  • Axel Kjoelhede, Denmark

    Thank you Bill, for bringing this up. I am a tall man, 198 cm, I very often experience that the passenger in front of me wants to put his seat back down.
    When you book a fligt on economy class, you can not expect a lot of space, but you have every right to occupy the space, you have paid for, no other passenger have the right to to take up your space!!
    When some other passenger puts his seat back down on my lap, I allways ask one of the crew politely to ask the other passenger to raise his seatback, untill now this has worked ok for me. If the seatbacks and armrests in economy class were fixed durin the flight, this would never be a problem that other passengers takie up the space you have paid for.

  • Axel Kjoelhede, Denmark

    Dear Caitlin.

    If you want more space, book “economy extra” or “first class”. You may be a very nice person, but I do not want you on my lap and hurting my knees seriosly during an intercontinetal flight.

  • Gemsjdlaw

    I’ve been subject to an “over-flowing” person a number of times and have always requested a refund or equivalent, which I have usually been able to obtain.   I feel strongly that an “over-flowing” person, never mind whether it’s voluntary or involuntary, should take responsibility and book two seats.
    I’m sure a number of people feel the same as I do, in objecting to having their safety and space compromised (and by a total stranger).   The airlines have no problem penalizing those who have a heavy carry-on, never mind whether that person weighs comparatively little, or not.   As with the TSA, it’s time that a little logic and common sense were applied, and that those of us who try to be in compliance are respected…

  • Bill

    I see on CNN that the traveller complained to the FAA and that the FAA told him US Airways “considers the matter closed”.  Chris, is this how it works?  The airline can just blow off a complaint like that?  I would have expected that US Airways should be fined for this actually.  They boarded more passenger(s) than they had room for.

  • Robert

    You can’t – disqus is retarded and probably shouldn’t be used here.

  • Richard Taylor

    Ken, Bill is using Caitlan’s argument.  Not saying that it is right.

  • Richard Taylor

    Ken, Bill is using Caitlan’s argument.  Not saying that it is right.

  • K P

    Articles like this almost always lead to a disturbing trend of highly prejudicial sentiments against those who are obese. There’s no excuse for that. Ever. However, that being said, those who ARE obese do need to take personal responsibility for ensuring that they don’t cause problems for everyone else by using a little common sense. If you obviously don’t fit in one airplane seat, you *need* to buy two instead of inconveniencing everyone else. I mean, it can be humiliating for them to have to buy two tickets, but a little embarrasment vs. standing for 7 hours and not having access to seatbelts…? Not just seatbelts, but what if something happened? You have to be in the seat to properly access oxygen masks and what not. I would never judge a person for their weight - but for their consideration, or lackthereof, for others, that’s a different story. Empathy needs to go both ways. You don’t like people being inconsiderate to you and going “move it, fatty”? You need to be considerate of others as well.

  • Sammydavisjrjr

    If I were him I would put a dispute on my credit card charge.

  • Caitlin

    That’s clearly a statistic that you made up on the spot. Be serious.

  • Caitlin

    That’s clearly a statistic that you made up on the spot. Be serious.

  • K P

    Why?

  • K P

    Why?

  • Caitlin

    Sorry Axel, but if you do not like the seat in front of you being reclined then it is YOUR responsibility to book economy extra or first class. 

    I’m all for people being polite and taking the person behind them into consideration. All of that is fine but just on a very strict factual basis, you need to be aware that that space belongs to the seat in front of you. They might let you use it for the entire flight or they might be willing to share it with you but it is not actually your space.

    If the seat in front of you goes back that does NOT mean that the person in front of you has taken your space. It means that the person in front of you has taken the maximum of their own space. You are free to do the same and put your own seat back.

    I think there was a flight attendant further up thread who said the same thing.

    Hopefully 99% of the time the two people involved can work out something fair and equitable between then. It’s just important that you realise that if the person in front does not put their seat back that they are doing you a massive favour. You are not entitled to demand they don’t take full use of their seat.

    If you don’t like the way the system works then take it up with the airline. 

  • Caitlin

    Actually the space they have paid for includes the ability to put their seat down. If they don’t put their seat down or if they put it back up at your request then they are doing you a big favour and you should be extremely grateful. It’s nice of them to do this for you. They don’t have to – even if the flight attendant asks them. It’s THEIR space and they are sharing it with you out of consideration for your height. Be a little more gracious about it!

  • http://twitter.com/JulianGatehouse Julian Gatehouse

    The guys payed over $800 for a seat and didn’t get that seat. Why is US Airways fighting this?

  • Julie Northrop2009

    Caitlin,

    I 100% agree with you.  It seems that if you disagree with people, they tell you that YOU are the one with the entitlement complex.  If I pay for a plane ticket, I should be able to recline my seat.  However, I am pretty accomodating to others who are flying behind me. I realize that I could recline fully, and if there is no one behind me I will recline farther than I  normally would. If someone reclines their seat in front of me, I don’t say anything because I realize they are using the seat they paid for to the fullest.  I’m fairly tall, but I’ve never had an issue with someone reclining.

  • Dr. Charles MacPherson

    This makes my blood boil! First, charging for baggage, etc.; now this! The arrogance, lack of empathy and consideration, and contempt for passengers on the part of some airlines is infuriating! Here is what I read on CNN: “…Southwest Airlines requires customers who do
    not fit in their seats to purchase an extra
    seat before boarding”. Why did they not charge the obese passenger for two seats? To boot, they flippantly spurned this passenger as if he was inconsequential! Apparently, some airlines have a semblance of decency and kindness. It is clear that airlines such U.S. Airways do not deserve to be in the business and should close down if they have lost their vision for the customer. I suggest as many people heap their vitriol on this callous company by going to their web site. I am going to tell them in no uncertain terms that my family of five will never fly this stupid airline again!

  • Cobaltbluegirl

    You missed starring a ‘fucking’ at the start

  • http://oussamastake.blogspot.com/ Oussama

    This is a serious safety concern, take off and landing with arm rest lifted up and seat belt not buckled. Passenger standing in the aisle and the galley area, lucky there was no turbulence. What were the FA thinking. This should have been reported to the Captain and the passenger off loaded. 
    Of course, if he was off loaded, US Airways will not hear the end of it. Remember the controversy about charging obese persons the price of two seats.

  • Cobaltbluegirl

    (Actually, I am mostly arguing this way since I weigh about 450 pounds myself, but don’t judge me)

  • CanadianCutie

    i’m a pilot. that’s illegal!

  • Susan

    This story just makes me angry for so many reasons…and then they only offer the man who had to stand $200?!! How insulting! They should be ashamed of themselves. We are becoming such a soft, ridiculous world putting up with garbage like this! It is incredible what some people think is acceptable!

    Yes, I agree with Bill, how is this safe that not everyone was bucked in when they took off? That obese passenger should pay for two seats, lose weight, or not fly – PICK ONE! This shows lack of respect and rules on the part of the airline.

  • iseektoknow

    And being 6’3″ my knees hurt after being cramped into such a small seat space. 

  • ieseektoknow

    So tall people should pay more for more leg room? No one had to stand because my legs ‘spilled’ over into the next seat. If the only way I could  fly was to purchase 2 seats, I’d save until I can buy 2 seats or I’d find another way to travel. 

  • iseektoknow

    And all the extra money goes towards the extra cost for shoes, suits, shirts, ties, cars, light bulbs, etc. I beat you didn’t know that being tall cost more? 

  • iseektoknow

    How tall are you? If you don’t know the pain in your knees from being squashed by the seat in front of you, yes even 1″ makes a difference. I always try to get the aisle seat so I can put one leg in the aisle. I envy the people who can sit by the window. 

  • Dgalloway99

    I hope the obese man has sued the airlines and the media and maybe Berkowitz too for all this painful humiliation.  People may have conditions, but why humiliate them?  For shame.

  • Karinayen

    How’s that fair?  A normal weight passenger sacrifice his safety and comfort and his full fare ticket to allow an obese passenger to fly and occupy his space.  Why should this poor guy subsidize for this obese passenger’s ticket???  And the airline is behaving like a jerk.  It doesn’t have the guts to tell the obese passenger to pay more, in the fear of getting sue over weight discrimination.  So, instead, it decides to sacrifice the normal weight passenger.  The $200 voucher does not show a genuine apology at all, regardless how pretty the apology letter is crafted. 

  • justsurfinby

    I believe Southwest Airlines requires buying a second seat for large folks. That sounds like a reasonable thing to do. When we fly with our two toddlers, we always buy a seat for each. It’s courteous (and safe) thing to do.

  • steve.es

    To those with a tough-luck attitude towards tall people being crushed at the knees and shins:  We didn’t change or make demands about needing more leg space.  To the contrary, most airlines have drastically reduced the amount of legroom long considered *just humane enough* for someone 6’2″ or over to fly across country without permanent nerve loss.  To Julie with a case of the shorts… sorry you can’t see in concerts or at the movies.

  • kilkenny

    This would not have been a problem if mr. Berkowich had been allowed to use a jumper seat. Why was he denied that? Those seats are empty most of the flight anyway.
    I have used them on occasion just for a bit of welcome change or while waiting in line at the restroom. Never been a problem, but ofcourse i fly mostly european airlines. No i dont dislike the american ones, i just live in Europe.

  • KumarA

    Once you read the story carefully you will understand what even Chris Elliot misses.The “overweight passenger” is in middle.So Mr Berkowitz is probably in window or aisle (Boeing 757-200). Assuming that getting past the middle seat every time would have caused more horror stories to be told Mr Berkowitz is probably in aisle seat.All aisle seats are more space than other seats.The passenger in the window seat has not told his story.

    All FA check that seat belts are fastened before take off. Mr Berkowitz was NOT standing during take off and landing.So he must have removed it himself putting his safety at risk.

    Lastly If the FA says Please be seated and if you do not listen and comply you will be charged with “obstruction with flight crew”.Apparently here nothing happened.US Airways and FAA investigated and found no safety concern.If you roam for 7 hours in the aisle and galley for 6-7 hours and NO passenger found it odd in this hightened state of security  .

    SO we are witnessing is “comfort” complaint touted as “safety” complaint at the expense of “obese” passenger.Once in while even Chris can get scammed

  • Anonymous

    What an absolute joke.  I am a lightweight, maybe 150 pounds, and every time I check my baggage and have had to pay an overweight fee (usually on long-hauls to Asia), the only thought that goes through my head is why don’t these airlines take both the weight of the passenger AND their baggage into consideration? 

    I might be bringing about 250 pounds onto the plane, including myself AND my baggage, if that, while someone else is bringing 300, 400 or even more, EXCLUDING their baggage.  While this may not be P.C., I think it’s equitable. Why should I pay extra for a heavy bag (ok, the handlers might throw out their back or something, I get that argument), while a larger person can “carry on” significantly more weight.  Just my 2 cents, I am sure there are plenty of holes one can poke in this.

    By the way, I flew from Dubai to Chennai next to a seriously obese guy, try 14 hours next to some fat Indian guy oozing over the armrest into “your” space.  Ugh.