Catch up on stories from the past week (and beyond) at the Slashdot story archive

 



Forgot your password?
typodupeerror
×
Businesses Your Rights Online Technology

The Fierce Legal Battle at the Heart of the Fight Over Reclining Airline Seats (slate.com) 471

An excerpt from Slate's interview with law professor Michael Heller, who has co-written a book called 'Mine!: How the Hidden Rules of Ownership Control Our Lives': Heller: Just to give you a concrete example, there's a guy named James Beach who was flying from Boston to Denver, and he had actually a little plastic clamp called a Knee Defender, which you can buy online. It's really very effective. You stick it on the seat in front of you, on the little tray table, and it keeps the seat in front of you from leaning back. On this particular flight, the woman in front of him tried to lean back. She couldn't; she realized what was wrong. She asked him to take them off. He didn't comply. She turned around and threw her water at him. The pilot did an emergency landing right away. They were taken off the flight. The plane went on to Denver an hour and 38 minutes late.

But those little Knee Defenders turn out to reveal a tremendous amount about the ownership conflicts that are all through our lives. The woman in front is saying, "That space behind my seat, it's mine, because the little button reclines the seat." And the guy behind, like the kids in the playground, he's saying, "No, it was mine. I had it first, for my laptop," or "I possessed it first with my knees." So that wedge of space is an ownership battle, it turns out, between attachment and possession and first-in-time.

When I talk to audiences about that conflict, I always poll them, and it's amazing to me that invariably half say the person in front is in the right, and half say the person in back is in the right. What's most amazing is how each side is just amazed that anybody else could have a different view. It feels and looks and seems so obvious, what's mine, the same way it is to toddlers on a playground. But that little conflict on the airplane seat is not just an accident, it turns out. It's deliberately engineered by the airlines so they can sell that same space twice. Most of us are just polite; we try to work it out, and that's true in all of the ownership conflicts we go through throughout our day, throughout our lives, in the Starbucks line, to line up at Disney World.

Anywhere that we're trying to make something mine, our experience is being engineered and designed by some owner to shape our behavior. And on the airplane seat, the design is to get us to fight with each other instead of being mad at the airlines, to not realize that they're selling that same space twice. And what they're using is one of the most advanced tools of ownership design that Jim and I have uncovered in doing this work, which is what we call strategic ambiguity. Ownership is ambiguous a lot more often than people realize. And that ambiguity is really valuable, in this case to the airlines.

This discussion has been archived. No new comments can be posted.

The Fierce Legal Battle at the Heart of the Fight Over Reclining Airline Seats

Comments Filter:
  • by sacdelta ( 135513 ) on Monday August 23, 2021 @11:47AM (#61720941)

    As a 6'5" person, I don't need the plastic device to block reclining. I don't have a choice in the matter. But I've still had people try to insist that they should be able to recline their seat.

    • by JBMcB ( 73720 )

      My seat defender is my femur. Go ahead and try to recline. Unless I origami my legs under the seat nothing is going to happen.

    • by DaHat ( 247651 )

      That plastic device may still help... I've been woken from a dead sleep before by the person in front of me slamming their full body weight into the seat, not understanding why it won't recline, and later started using them when in regular coach to reduce the chances of it again.

      On the plus side: Flight attendants often come running when you scream out in pain as a result.

    • Re: (Score:3, Interesting)

      by jonhainer ( 188206 )

      Same with 6'5" me. I had a guy banging my knees over and over again one time. When I asked him to stop, he told me if the seat reclined, he should be able to do it.

      I said, "Why don't I stand up, you get the seat the way that you want it, and I'll try to get back in." I stood up to my full height, bending my neck sideways with my ear hitting the ceiling

      The guy said, "Oh ... ... can we switch seats?"

    • by SkonkersBeDonkers ( 6780818 ) on Monday August 23, 2021 @12:03PM (#61721061)

      The root cause comes down to in a race to the bottom, airlines are using planes designed for X people to transport X *1.5 people.

      Airline tickets simply need to cost more and put fewer people on each flight.

      • Airline tickets simply need to cost more and put fewer people on each flight.

        There are already tickets that cost more. They're called Economy+ or Premium or whatever. Or business class, which costs what flying cost 50 years ago.

    • by AmiMoJo ( 196126 )

      I have a bad back and sitting bolt upright on a long haul flight is a problem. Reclining a little really helps.

      The issue is that airlines don't offer enough legroom. You can pay extra if you need it, but if the seats are that close together perhaps the argument should be that you should get more due to your size, just like (in Europe at least) someone with a wheelchair can bring it on at no extra cost.

      • the argument should be that you should get more due to your size, just like... someone with a wheelchair

        *roflmfao*

        The face of slashdot, right here.

    • by Tablizer ( 95088 ) on Monday August 23, 2021 @12:34PM (#61721273) Journal

      One problem is the one-size-fits-all mentality. The difference in height between the smallest and largest person is pretty extreme. They should have different sized seats for different heights and widths without charging extra, especially for long flights. You'd get measured before boarding. The measurement would be valid for a year so that frequent flyers don't have to repeat.

      The average number of seats will be about the same such that the airline is not losing seats, because some will be smaller than the current default and some will be larger, averaging out.

      It may be a problem for couples and families with small children who need close monitoring, as mixing seat sizes per row would be tricky. Maybe alternate sizing so that varied couples and families with older children can be just one row apart.

    • by im_thatoneguy ( 819432 ) on Monday August 23, 2021 @12:40PM (#61721299)

      Tall people on average earn more money. Therefore they can afford to pay more for an exit row or business class seat.

      "each additional centimeter of height is associated with a 1.30% increase in annual income."

      If you're 195.6cm tall you are 20cm taller than the avg male height of 175cm. 20* 1.3% = 26% increased income.

      The median US income is $36k a year * 26% = +$9,360

      A premium economy seat is usually about $100 more per round trip. That means you can fly 96 times a year and still come out even.

  • DIY (Score:5, Informative)

    by PPH ( 736903 ) on Monday August 23, 2021 @11:51AM (#61720969)

    Knee Defender [gawkerassets.com]

    Odds are that this will get you banned from flights, since it's pretty obvious and if the cabin crew sees it and asks you to remove it, failure to follow CC instructions is a federal offense.

    • by lsllll ( 830002 )
      And I will strike down upon your bottle with great vengeance and furious anger until it explodes in your face!
    • by AmiMoJo ( 196126 )

      The bottle trick is not very effective because there is a good chance that as the person in front rocks back and forth trying to figure out why their seat won't recline it will slip out, possibly flying towards your face. Takes up some of the room for your laptop too.

      • Well over a decade ago, I accidentally opened my laptop a bit too far on a flight and the screen got caught under the lip where the tray table goes. This was fine until the person in front of me tried to recline. Rather then checking to see why the seat wouldn't fully recline, they started slamming themselves into the seat to get it to recline. (The laptop was fine, aside from a bit of cracked plastic. And the person in front of me was able to recline after I moved it, though I had to recline too. Laptops w

    • You are assuming the cabin crew will ask one to remove it.
  • by xevioso ( 598654 ) on Monday August 23, 2021 @11:51AM (#61720971)

    If the plane seats allow for reclining, you don't have a right to block me from reclining. Period. I paid for a reclining seat on airlines that have reclining seats. If that bothers you and you are behind me, you can fly airlines that do not have reclining seats. You actually did not pay for the space in front of you; you paid for a seat.
    I am not sure if they do, but Airlines should be advertising or letting folks know if the seats recline on their airplanes. If they don't, this is something easy to regulate, as we regulate a bunch of things airlines are required to let folks know about. But at the end of the day, on airlines with reclining seats, I am paying for a reclining seat, and you not allowing me to recline is you depriving me from what I paid for. This seems like a simple legal issue to me.

    However, the last two flights I was on (United and Alaska) did not have reclining seats, so this seems like a more common thing than it was before.

    • If that bothers you and you are behind me, you can fly airlines that do not have reclining seats.

      I am not sure if they do, but Airlines should be advertising or letting folks know if the seats recline on their airplanes.

      Uh-huh.

      Translation: "I don't know if it's even possible to figure out in advance, but anyway, the onus is on you to do so".

      And of course, even in the fantasyland where airlines are required to offer this information, that still doesn't work for routes that aren't heavily served. Or are you proposing that airlines double the amount of flights to and from podunk flyover airports, one reclining, one non-reclining, just to accommodate everyone?

      Poorly-reasoned thinking like this kinda end up making the Knee Defe

    • by Darinbob ( 1142669 ) on Monday August 23, 2021 @02:41PM (#61722041)

      On the other hand, I NEVER recline my seat. It's more important to me to not annoy people than to insist that I am right. Other people however think that being an annoying asshole is their god given right, which trumps their goal of maintaining a harmonious society (if they ever had that goal to start with).

  • by jellomizer ( 103300 ) on Monday August 23, 2021 @11:52AM (#61720977)

    If you are short for the seat, the back of your knees are against the chair, putting stress on your back, so to be more comfortable you want to lay back. If you are tall your knees are already lifted upward and squished against the chair, so it is more comfortable sitting more upright.

    The real party who is in the wrong is the airlines, who try to cram too many people in a small area for hours long flights.

    • The airlines want to make a certain amount of profit per flight and they don't care if they do it with 100 seats or 150 seats. Most people will put up with discomfort for a cheaper flight so that market forces have pushed the equation towards more cramped seating.
      • The problem is that people are not putting up with the discomfort. Hence why some people bring in things to prevent someone from reclining, and the other getting angry to the guy who stops them. While they are saving money, they still spent a lot of money for the flight, more than what most people normally want to spend. So because they have spent so much, they still feel entitled to a better experience, and some people get angry when they don't get what they feel like they had paid for.

        Back when I was

        • by Bert64 ( 520050 )

          The problem is twofold...

          1) people compare products purely based on price, even products of differing spec can be considered equivalent.
          2) greedy companies will often try to sell their lower quality products at a higher price if they can get away with it. Because of this, a higher quality brand has to earn a reputation before anyone is willing to pay their higher prices.

          When i was a kid, my mom's laundry machine was often faulty and we'd have to take our laundry to my grandma's house, her machine was never

          • by sjames ( 1099 )

            But today, the cheap machine and the 4K machine are the same under the shell and you can't tell until you own it for a few years. The great 4K machine your neighbor bought may or may not have been "value engineered" by the time you buy one at the same price.

      • by AmiMoJo ( 196126 )

        Thing is it's not 100 seats verses 150 seats, it's 200 cattle class seats vs 208 cattle class seats. Taking out one row would give everyone an extra few centimetres.

      • I can't wait until airlines cram 500 people in a plane and force them to wear straight jackets and ball gags throughout the flight. Maybe strap people to the wings as well.

        They would do this if they could.

      • If only I could see the leg space while selecting a flight, I'd be happy to pay 10% extra for 10% more, space (specified in cm). But that's not how it works. You can choose between standard (whatever that may be for that airline and route), an emergency exit seat for a surcharge that's quite a bit more than 10%, or business class for triple the price.

      • by e3m4n ( 947977 ) on Monday August 23, 2021 @01:05PM (#61721441)
        unfortunately all I see is a consistent price and a constantly shrinking amount of amenities. Thinking back to all the things they have removed from whats included in your price included things like beverages and snacks, checked luggage, the size of carryon items, the size of the seats and space between rows. Pretty soon we will be paying a premium for not being just a head in a jar ala Futurama.
  • The essence of the design problem defined here fits the exact same pattern as the "line speed" claims made by cable companies and ISPs. They might claim you'll see download speeds of "up to 1Mb/s" but if that translates to, "up to 1Mb/s unless anyone else is using the service" then, chances are, their claims aren't that impressive.

    In this specific case it would be interesting to see what claims regarding legroom the airline made for the class of seats in question. Then, if the act of reclining the seat r
    • >>But beyond that, the airline deliberately [we might say knowingly, since surely they specified the layout of the aircraft when ordering]

      Most passenger jets have slotted rails in the floor, which the airline can adjust to get more seats into the plane, resulting in taller people's knees and shins hitting the seat in front of them

      They can also configure them for more leg room, but that means less ticketing money per flight so...

    • by AmiMoJo ( 196126 )

      On newer Japanese high speed trains they have a plastic cupped back that the seat reclines into, so the back of the seat is fixed and doesn't move at all. Of course they have a lot more leg room on the trains.

    • by Bert64 ( 520050 )

      The claims of ISPs are often subject to technical details that users aren't even aware of, and extend beyond the physical line between you and the isp...
      Is there any traffic shaping or prioritization, what is the contention ratio, how good are the peering and transit routes, do you have routable addressing or cgnat, do you have ipv6, dynamic or static addressing etc.

  • by fred6666 ( 4718031 ) on Monday August 23, 2021 @11:55AM (#61721005)

    The flight etiquette is that you should not recline your seat during meal time, but at night time it is perfectly acceptable.
    The knee defender is also banned on many airlines. Buying that pretty much means you are a jerk.

    • Most people don't even know what etiquette is anymore. It is no longer about getting along but instead ME ME ME ME.

      I never was a fan of movie theaters but I hear they are now like a chatty cafeteria that happens to have a Movie screen. Etiquette and respect decline each year - now I sound like an old guy.
    • by Bert64 ( 520050 )

      If the seat infront of you is reclined and yours isn't, you end up with the back of the seat in your face too. Often if the seat infront is reclined you're forced to do the same. If you're not able to do so, then it becomes especially uncomfortable.

  • I'm right (Score:4, Insightful)

    by groobly ( 6155920 ) on Monday August 23, 2021 @11:57AM (#61721025)

    Unfortunately, the ultimate arbiter of who is right in this case is the airline. They have provided the person in front with the ability to recline their seat in a way that is unpleasant for the person behind. They did not sell the space that is reclined into to the person behind; the person behind knew full well that they were buying space that might be used by the person in front. It's obvious that they knew that if they acquired knee defenders. If they want more space, they can buy a higher priced ticket, or opt for a row behind seats that don't recline, such as the wing exit row in some planes.

    That takes care of who has what right. It does not adjudicate who is the asshole. If the person in front refuses a reasonable request not to recline for some period of time, then they are the asshole. If the person behind prevents reclining without any negotiation, then they are the asshole. If both, then they are both assholes.

    Next case, bailiff.

    • by pruss ( 246395 )

      But, to complicate matters, the airline may have also sold the seat behind to a person whose body size is such that reclining is no longer physically possible for the person in front. I wonder if one could have a class-action lawsuit on the basis of a reasonable expectation that all the major functions of the seat work correctly.

    • by cusco ( 717999 )

      Of all days not to have mod points. I'm wondering if they stopped teaching the concept of "sharing" in kindergarten at some point.

  • The only answer to this, and so many other problems with air travel, is to give passengers drugs to render them unconscious, put them in capsules, then stack them in the plane like cargo. You might laugh, but that's probably less dehumanizing than what air travel has turned into these days, and it solves a myriad of problems that are threatening to make air travel an even more horrible experience than it already is.
    • by MikeDataLink ( 536925 ) on Monday August 23, 2021 @12:06PM (#61721091) Homepage Journal

      The only answer to this,

      No. The answer to this is to restore flying to its former glory. Give people legroom and stop making these planes cattle cars.

      • by cusco ( 717999 ) <brian@bixby.gmail@com> on Monday August 23, 2021 @12:39PM (#61721297)

        Then prepare to more than twice the price, times about 8-9 for inflation. Your discount $239 fare would have cost about $485 in 1960, and inflation would bring that to $3,880 or more. Additionally it would have been slower, louder inside the cabin, people would have been smoking, and there would have been multiple stops. Oh, and there would probably have only been one or two flights per day.

        Ah, the 'Good Old Days' (TM), damn they were awful!

      • People say they want that, but they don't really. You see an airline could easily do that . . . but they'd need to charge more. And time and again when faced with comfort or savings, people have proven that they'd rather save the money.

        I can accept that about myself: sure extra legroom and such would be great, but when it comes time to actually buy the tickets and I see "Bob's Discount Airline with tiny seats" has round trip tickets for $125 and "Dave's Comfy Airline Deluxe" has tickets for $400, I'm goin

      • by thegarbz ( 1787294 ) on Monday August 23, 2021 @04:12PM (#61722461)

        No. The answer to this is to restore flying to its former glory. Give people legroom and stop making these planes cattle cars.

        Every airline offers you this, but you need to be prepared for former glory ticket prices as well. Why do you buy such cheap shit only to anger yourself? They are literally providing exactly the service people want. People wanted cheaper, so airlines made it cheaper. A small subset of people wanted more space, so airline made some of the seats larger and charge a premium for them.

        Your poor life choices are not the airline's fault.

  • If the airline provides a reclining seat the person in the rear does not have the right to disable that feature. I know it sucks when you are too tall for the seat but the person in front paid for that feature. I always try to recline a bit as the allows for a better angle on my lower back. If someone blocked it, I would be calling the stewards...
  • Here's the answer from the article:

    "there is a law for the airplane seat. Every airline has a rule, which is that the person with the button can lean back, but they are super deliberate about keeping that rule quiet. They do want the ambiguity, because the ambiguity is quite valuable to them. So they do put the pressure on the flight attendants to solve it, and they often aren’t sure of the rule themselves."

    So it's not a fierce legal battle. It's solved.

  • I see the comments by taller people about blocking the recline, but does the geometry of the situation really make that much difference at knee height?

    If you deliberately raise your knees up, maybe. But the recline is mostly at headrest level, at knee level it is pretty minimal unless you choose to make a bad situation worse.

    It does affect using a laptop, but so far I haven't seen anyone complain about that here

    • by suutar ( 1860506 )

      The distance between knees and an upright seat can be pretty small, so yeah, reclining moves the headrest more but it can still eat that knee clearance pretty quickly.

  • Have a section that can recline, a section that can't, seats that can recline behind seats that can't are premium seats, seats that can't recline behind seats that can are the cheapest. Make it explicit that people are allowed to recline if their seat can do it.

    Have airlines optimize the configuration based on passenger preferences, and profit.

  • Unless I absolutely have to (which I don't), I won't. For vacation, I prefer to find someplace I can drive to, to relax. Somewhere a bit remote that I can drive to. Usually beyond the range of electric car wankers. :D But seriously, the brutality of any flight to go somewhere that isn't my own bed, fuck it. Staycations are better. If someone wants me to fly for a job, it better be business class or I won't take the work. And even then, it better be limited travel. I've literally flown around the globe. ~24K miles on one trip if you get the drift. But that was when they just jammed you into sardine class, now they just jam you.
  • by DaveV1.0 ( 203135 ) on Monday August 23, 2021 @12:24PM (#61721207) Journal
    Don't fly unless absolutely necessary. I stopped flying years ago because it is such a miserable experience. The next time I fly, it will be to somewhere I can't get to you by any other means.
    • Re:The true solution (Score:4, Informative)

      by Entropius ( 188861 ) on Monday August 23, 2021 @01:51PM (#61721719)
      Hopefully we can get competitive long-range travel options in the US -- faster speed limits on interstates combined with non-fossil-fuel-using vehicles, more trains going more places, etc. Right now there is no option other than an airline for East <-> West trips.
  • by Applehu Akbar ( 2968043 ) on Monday August 23, 2021 @12:25PM (#61721219)

    The recline button was designed for the days when there was more seat pitch (distance between seat rows) so that a reclining passenger did not get significantly in the way of the person behind. Today there is not enough room to recline.

  • To hell with flying. Between this, the security line gropings, the TSA helping themselves to the contents of your luggage (and of course, breaking guitars), passengers and even crew flaking out, it's not worth it. Amtrak is much easier to deal with even if it does take a lot longer in most instances.

    Of course the annual Thanksgiving and Christmas cattle runs are coming up, so we will be treated to fresh new videos of more people flaking out in airports and on airplanes.

  • by Joe_Dragon ( 2206452 ) on Monday August 23, 2021 @12:28PM (#61721231)

    Do we need an Minimum Airline Seat Pitch law?

  • You comply or you're off their plane. You can bring your grievance up with them, after the flight.
  • by c ( 8461 ) <beauregardcp@gmail.com> on Monday August 23, 2021 @12:35PM (#61721277)

    The obvious solution is to require that airplane seats "recline" by tilting the seat and keeping the back fixed. Solves complaints between customers and make air travel just a little bit worse, so it's totally a win-win for the airlines.

  • by Somervillain ( 4719341 ) on Monday August 23, 2021 @12:50PM (#61721351)
    This falls under the category of people not being able to use shared resources considerately...wear a mask in a store that requires it...follow airline instructions...share the gym like a decent person...not litter...pick up your dog's shit. They're terrible people and it seems like they're more of them...either that or I'm just getting old and complaining more like old people do. The pattern I've noticed is they tend to be the same people...same body language, same look...eerie similarities.

    I fly to Florida a lot for work and family...where a lot of the USA's shitty people like to concentrate. Somewhere between 33 and 20% of all flights I take all over the USA has one person who blatantly violates the rules. Boarding zone 4 & 5? He boards in zone 2. He's not disabled...not caring for a baby or disabled person...just a routine business yuppie with a weird sense of entitlement who wants to ensure he gets the most overhead space he can...and most of the time you can get away with it because the flight attendant needs to do her job and can't argue with every man-Karen who thinks the rules don't apply to him. At first I noticed it and thought it was odd. He stood out. He wasn't with a baby or an elderly relative. All the legit early boarders were relaxed and had a different vibe. These guys always have a hostile confrontational vibe...kind of a psycho look, but in a suburban entitled way, no like the ones that mug you in bad neighborhoods.

    So this body language and energy stood out, but what puzzled me most was where I had seen it before...those guys at the gym who lay towels on different pieces of machinery and "defend their territory" at peak hours. Every gym I've been to has at least one. They will literally lay a towel on once piece of weight lifting gear while using another. One guy in a downtown area did it on 4 at a time. If you went near it, seeing an abandoned towel, he'd get really hostile. He wasn't a gym meathead...not even in great shape...just an entitled yuppie with some mental disorder. Because I hate bullies, I have no problems poking the bear, if I need to use the machinery, I'd move his towel to the side and use it. He'd finish his set and get in my face and demand I get up. He'd give body language like he wanted to start a fight. I'm 15 years younger and in much bigger/fitter, so I'd call his bluff. It shifted from aggression to passive aggression. In his brain, he couldn't fathom that other people, who pay the same membership he does, have the same right to use equipment, particularly when he's not using it.

    He's an extreme example of someone who can't use a shared resource. They think that just because someone won't arrest you, it's OK. The people who board early are exactly like him, down to all the nuances of body language. That guy using the knee protector is just like him. The Karens who make up excuses to why they're special and can't wear a mask in Trader Joes and end up as viral videos are the same people. That cooper lady who "weaponized racism" in NYC and made a false claim against that black birdwatcher because he wanted her to follow leash laws is the same.

    It's some strange mental illness...a mixture of entitlement and sociopathy. Being a large guy, I have a habit of standing up to those sort of people. They remind me of bullies and I fucking hate bullies. But I seem to encounter it more often. I think there's a general trend where people can't share, can't muster minimal empathy needed for a functioning society, etc.
  • by PrimaryConsult ( 1546585 ) on Monday August 23, 2021 @01:30PM (#61721609)

    Make it so that reclining moves the seat bottom forward into your legroom. You have full control over how you want to allocate your space, and 0 control over anyone else's. Problem solved.

  • by nospam007 ( 722110 ) * on Monday August 23, 2021 @01:49PM (#61721703)

    "it's amazing to me that invariably half say the person in front is in the right, and half say the person in back is in the right."

    50% of people have an IQ over 100, 50% under.

  • by itzdandy ( 183397 ) on Monday August 23, 2021 @09:46PM (#61723359) Homepage

    Frankly, I purchased the seat knowing it reclined, and you purchased the seat knowing it reclined. You are decided to deny me a function of the seat I purchased because you don't fit in the seat you purchased. Get an exit row or buy a better seat. I'd like to see what happens when I destroy your seat defender and you lay hands on me.

Top Ten Things Overheard At The ANSI C Draft Committee Meetings: (10) Sorry, but that's too useful.

Working...