A passenger is suing Delta for $1 million, saying he broke a rib when he leaned on his armrest and it collapsed

• A passenger is suing Delta Air Lines for $1 million saying he broke a rib while buckling his seatbelt.
• The lawsuit says the armest collapsed when he leaned on it, and he fell into the aisle.
• The plaintiff cites the Montreal Convention, which protects airline passengers onboard.

A Delta Air Lines passenger is suing the carrier for $1 million, alleging that he broke a rib when an armrest collapsed.

Plaintiff Joseph Hippensteel was about to fly from San Diego to Seattle back in 2022 when the incident is said to have occurred.

The lawsuit, filed earlier in May, says Hippensteel was in an aisle seat and buckling his seatbelt in preparation for departure when he leaned on the armrest.

The armrest and passenger fell to the floor, where his "right side contorted, twisted, and overextended," the complaint says. It adds that he suffered a rib fracture and was assisted by a flight attendant and a doctor who happened to be on board.

Two repairmen were called but could not fix the armrest so the plane took off without it working, per the lawsuit.

The lawsuit does not confirm whether Hippensteel remained on the flight or deplaned before takeoff.

Hippensteel's attorney cites the Montreal Convention, which stipulates that airlines are liable for any passenger injuries on board an aircraft unless they can prove the passenger was negligent. It only applies to international travel, but the flight to Seattle was part of a ticket to London.

The treaty limits compensation to around $170,000, but the suit asks for $1 million in total, accusing Delta of negligence as well.

Delta did not immediately respond to a request for comment from Business Insider, sent outside US working hours.

The Montreal Convention is often cited in such cases of passenger injuries, such as one alleging a 6-year-old was burned by a hot meal on a United Airlines flight.