(a real case) Mr. Jones was on a flight from New York to Los Angeles. It is prohibited by law to take live animals into the airplane, any animals must be put into boxes and checked in with the luggage. Mr. Jones knew this, however he smuggled his pet hamster onto the airplane in his jacket pocket.

Shortly before the airplane was above Chicago, Mr. Jones truthfully told a stewardess that his hamster had run away and that he could not find it. The stewardess reported this to the pilot, who - in accordance with general aviation rules - immediately landed the airplane in Chicago. The pilot was worried that the hamster might bite through a cable causing major problems and possibly even causing the airplane to crash; in accordance with general aviation practice, he therefore interrupted the flight.

The crew and other helpers needed 10 hours to find the hamster, which - in fact - had destroyed nothing. However, the unintended landing in Chicago caused huge damages to the airline: It had to find a different airplane to transport the customers to Los Angeles and in addition the airline had to pay each customer compensation for the substantial delay.

The airline now sues Mr. Jones on the theory of negligence - will the airline win? Are all elements of a negligence suit fulfilled? Please discuss!