What Happens if You Are Injured on an Airplane?

LAW BLOG  •

July 17, 2015

Negligence related injuries can happen in unlikely places. Even in a confined space, like an airplane, multiple people are injured every year. In some circumstances, injured passengers might have legal recourse available to them. If you are injured in a flight, make sure you understand your rights as a passenger. Certain injuries resulting from the negligence of the aircraft carrier or its personnel may call for compensation. Consider some of the following places and situation that might led to injury.

Common In-Flight Injuries

  • The overhead bins on airlines can hold pounds of luggage, so if a bin happens to fall open during a flight and its contents are spilled, those sitting beneath it could sustain serious injury. In fact, this type of mishap is one of the leading causes of in-flight injury.
  • Food carts. Delivery carts are made small and sturdy to navigate narrow aisles while carrying a large amount of product for passengers. The hard metals they tend to be made of can pose a potential hazard to the extremities of airline passengers. Elbow, foot, shoulder, and knee injuries have all been reported from the careless use of food carts.
  • Cramped space. Due to the small amount of space available in an aircraft, many sustain injuries simply while moving about the cabin. Injuries can be sustained if someone falls or bumps into an object while out of his or her seat.
  • If an insufficiently warned passenger is injured by the effects of turbulence, they may have rights to compensation. Turbulence can cause instability and may jostle airline contents or unwarned passengers. If possible to do so, it is the flight crew’s responsibility to provide ample warning when turbulence occurs.
  • Equipment malfunction. Many small pieces of equipment, such as chairs, lavatory contents, and folding tables can malfunction during a flight, potentially resulting in injury.

Determining Liability

If you are injured during the course of the flight due to circumstances beyond your control, who should you look to for compensation? This answer varies widely based on the claim, but there are some general rules of thumb that may help guide you.

Negligence in the Air

If the accident you experienced was caused by carelessness or lack of attention on the part of an airline employee, the party you should seek restitution from is often the employee him- or herself. That said, if the employee was improperly or inadequately trained but followed protocol as it was understood, the airline would be liable.

Acts of God

There are certain conditions which no party could potentially be held accountable for, and these, in legal terms, are deemed “Acts of God.” Acts of God extend to environmental factors, such as turbulence, but their reach goes only so far. Often, the flight crew and pilots are able to foresee turbulence or weather hazards. If a danger is seen and not communicated, or not seen at all due to negligence and injury results, the airline and crew members may be responsibility for damage.

Product Claims

A faulty product, such as an overhead bin with an inadequate latch or a poorly made loading ramp, could result in injury. If, for example, a large bump on a loading ramp causes a damaging fall, the manufacturer would be held accountable.

Legal Advocacy

If you or a loved one has been injured due to negligence on an airplane, have an advocate on your side who understand the complexities of injury law. Airlines will be sure to have representation. Whether the incident occurred because of someone’s negligence or a poorly designed or faulty product during a flight, contact Gordon, Elias, & Seely today.

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