Air travel is generally safe, but injuries on airplanes do occur—from turbulence incidents and falling luggage to burns from hot beverages and slip and falls in aircraft aisles. When these accidents happen, passengers often don’t realize they may have legal rights to compensation beyond what airlines initially offer.
Airplane injury claims involve unique legal considerations that differ from typical personal injury cases, including international treaties, federal regulations, and special time limitations. Understanding these differences is crucial for passengers seeking fair compensation for injuries sustained during air travel.
Common Types of Airplane Injuries
Various situations can lead to passenger injuries on aircraft:
1. Turbulence-Related Injuries
Turbulence is the leading cause of non-fatal injuries on commercial flights, resulting in:
- Head injuries from impact with overhead compartments
- Sprains and fractures from being thrown against aircraft structures
- Soft tissue injuries from sudden drops or jolts
- Injuries from unsecured items becoming projectiles
2. Overhead Bin Incidents
Improperly secured luggage can cause serious harm:
- Items falling during turbulence or when bins are opened
- Injuries during boarding and deplaning when passengers retrieve bags
- Strains and sprains from lifting heavy items into overhead compartments
3. Food and Beverage Service Injuries
Service-related incidents include:
- Burns from hot beverages or food spills
- Allergic reactions to improperly disclosed ingredients
- Injuries from service carts in aisles
- Food poisoning from contaminated airline meals
4. Slip, Trip, and Fall Incidents
Aircraft environments present unique hazards:
- Falls in narrow aisles or restrooms
- Trips over seat feet or carry-on items
- Slips on wet floors or spilled liquids
- Falls during boarding or deplaning, especially on mobile stairs
5. Boarding and Deplaning Injuries
The transition between terminal and aircraft can be hazardous:
- Falls on jetway ramps or mobile stairs
- Injuries from malfunctioning boarding equipment
- Incidents involving wheelchair assistance
- Crush injuries from crowding or pushing
Legal Framework for Airplane Injury Claims
Airplane injury claims operate under a complex legal framework that typically includes:
1. The Montreal Convention
For international flights, the Montreal Convention of 1999 (which replaced the Warsaw Convention) governs passenger injury claims:
- Strict liability up to 128,821 SDRs (approximately $175,000 USD, subject to periodic adjustment): Airlines are automatically liable for proven damages up to this amount without the passenger having to prove fault.
- Beyond the limit: For damages exceeding this amount, airlines can defend themselves by proving they took all necessary measures to prevent the injury or that it was impossible to do so.
- Five jurisdictions for filing: Claims can be brought in the country of the airline’s domicile, principal place of business, where the ticket was purchased, the passenger’s destination, or the passenger’s principal residence (if the airline operates there).
- Two-year statute of limitations: Claims must be filed within two years from the date the aircraft arrived or was supposed to arrive.
2. Domestic Flight Regulations
For flights within the United States:
- Federal Aviation Regulations: FAA safety regulations establish standards of care for airlines.
- State tort law: Standard negligence principles generally apply, requiring proof that the airline breached its duty of care.
- Varying statutes of limitations: Time limits for filing claims differ by state, typically ranging from one to three years.
Establishing Liability in Airplane Injury Cases
To succeed in an airplane injury claim, passengers generally must prove:
For International Flights (Under Montreal Convention)
- The injury occurred while boarding, on the aircraft, or during deplaning
- The injury was caused by an “accident” (an unexpected or unusual event external to the passenger)
- The extent of damages suffered
For Domestic Flights
- The airline owed a duty of care to the passenger
- The airline breached that duty through negligence
- The breach directly caused the passenger’s injury
- The passenger suffered actual damages
Potential Defendants in Airplane Injury Claims
Depending on the circumstances, various parties may be liable:
- Airlines: Responsible for overall passenger safety and proper operation of the aircraft
- Aircraft manufacturers: Liable for defective aircraft components or design flaws
- Maintenance providers: Responsible for proper servicing of aircraft systems
- Airport operators: May be liable for injuries in jetways or during boarding processes
- Food service companies: Potentially liable for food-related injuries or illnesses
- Other passengers: May be responsible if their actions directly caused injuries
Common Challenges in Airplane Injury Cases
Several unique challenges can complicate airplane injury claims:
1. Notice Requirements
Many airlines require prompt written notice of injuries, sometimes within days of the incident. Failure to provide timely notice can jeopardize a claim.
2. Documentation Difficulties
Gathering evidence can be challenging:
- Witnesses are passengers who quickly disperse after flights
- Medical care may be delayed until reaching the destination
- Incident reports may not be properly filed by crew members
- Surveillance footage may be limited or quickly overwritten
3. Jurisdictional Complexity
Determining where to file a claim can be complicated, especially for international flights with connections through multiple countries.
4. Preemption Issues
Federal law may preempt certain state law claims, limiting available remedies in some situations.
Steps to Take If Injured on an Airplane
To protect your right to compensation:
1. Seek Medical Attention
- Request assistance from flight attendants
- Document symptoms and injuries with photos if possible
- Seek medical care as soon as possible after landing
- Follow all treatment recommendations
2. Report the Incident
- Notify flight attendants immediately
- Request an incident report be filed
- Get the names and employee numbers of crew members involved
- Obtain contact information for any witnesses
3. Document Everything
- Take photos of the injury and what caused it
- Save boarding passes, ticket receipts, and itineraries
- Keep all medical records and bills
- Note the flight number, aircraft type, seat location, and exact time of injury
4. Limit Communications with the Airline
- File required notices but be cautious with statements
- Do not give recorded statements without legal advice
- Do not accept immediate settlement offers
- Do not sign releases or waivers
5. Consult an Attorney Experienced in Aviation Claims
- Seek legal advice promptly due to short notice requirements
- Choose an attorney familiar with aviation law and the Montreal Convention
- Provide all documentation of the incident and resulting injuries
- Discuss jurisdictional options for international flights
Potential Compensation for Airplane Injuries
Depending on the circumstances and applicable laws, compensation may include:
- Medical expenses: Current and future treatment costs
- Lost income: Wages lost due to injury and recovery
- Pain and suffering: Compensation for physical pain and emotional distress
- Disability or disfigurement: Additional damages for permanent effects
- Loss of enjoyment of life: Compensation for diminished quality of life
- Out-of-pocket expenses: Costs for changed travel plans, accommodations, etc.
When to Contact an Attorney for an Airplane Injury
Consider consulting a personal injury attorney experienced in aviation claims if:
- You sustained significant injuries requiring medical treatment
- The airline has denied responsibility or offered minimal compensation
- Your injuries resulted in missed work or long-term effects
- The incident occurred on an international flight
- The airline has asked you to sign releases or settlement documents
- You’re unsure about notice requirements or time limitations
Get Expert Help With Your Airplane Injury Claim
Airplane injury claims involve complex legal considerations and strict time limitations. Having knowledgeable legal representation can make a significant difference in the outcome of your case.
At Dermer Law, we understand the unique challenges of aviation injury claims and help clients nationwide navigate both domestic and international air travel incidents. Our experience with the Montreal Convention and federal aviation regulations allows us to effectively advocate for passengers injured during air travel.
Contact Dermer Law for a Free Consultation
If you’ve been injured on an airplane or during the boarding or deplaning process, don’t risk losing your right to compensation due to missed deadlines or procedural errors. Contact us today for a free consultation to discuss your case and explore your legal options.
