[Butch Cassidy Slept Here]

Those bearing the "Airline Sympathizer," "Airline Employee," etc. label here may possibly disagree with this post and argue an airline has a legal right to provide only a half, to three-quarters, of a seat.

Regardless of what Delta, the "Sympathizers," and other airlines may say most Small Claims Courts will agree with the argument that Delta, in this case, had an obligation to provide a FULL seat. Unfortunately, if the only witnesses you have is yourself and your husband proving your case may be an uphill battle at best. At a minimum you should mail a complaint to the Aviation Consumer section of the US Dept. of Transportation. Mail a "carbon copy" of said complaint to Delta Air.

In the event you DO have some evidence, beyond yourself and your husband's testimony, such as pictures, or signed statements of other passengers, then a Small Claims action may be worth a shot. Delta "mainline" (non-commuter) aircraft should serve, at least, one airport in your home state. In the event you obtained a judgment in your favor, and Delta refuses to pay, there would be assets (cash, equipment, etc.) you could have seized to satisfy the judgment.

Whether you have an option to leave the aircraft, prior to the doors being closed, and not suffer the loss of the value of your ticket, remains to be seen. A former airline employee on here suggests that IS an option. On the other hand I fail to see how, under such a circumstance, it can be said that one is NOT at the mercy of a gate agent and is left with little to no recourse if the gate agent refuses to cooperate. It would be interesting to see what kind of answer, if any, one would get if this question (leaving the aircraft prior to departure) were posed, in writing, to Delta or any other airline.

In Delta's eyes you are supposed to consider yourself extremely lucky in the event you are offered, or given, what I consider to be worthless travel vouchers.