Your Rights After an Airplane Injury
Airplane crashes are rare. In fact, there are usually less than 100 crashes each year, compared to the 36.4 million flights that take place annually. Your rights after a crash are similar to what your claim would look like after an automobile accident. However, commercial airlines are common carriers, which means they are held to a higher standard compared to the average passenger car driver. In most situations, if the plane crashes, it is because someone with the airline (from the pilot to the air traffic controller) made a mistake.
In-flight injuries are far more common than plane crashes. The warning about baggage shifting after you land is based on a history of real injuries—roughly 4,500 passengers are injured every year because of falling luggage. In addition, the Federal Aviation Administration reports that approximately 58 people are injured due to turbulence on an annual basis. Other causes of in-flight accidents may be slips and falls or the carelessness of other passengers. Food carts also occasionally cause injuries to arms, elbows, and legs.
Legal Claims for In-Flight Injuries
If you are hurt on an airplane, you may be able to assert a legal claim. Usually, if the damage was caused by carelessness or inattentiveness by a crew member, then your claim will be based on negligence. You must show that your injury was actually caused by the employee being reckless, distracted, or careless. The failure to act may also be grounds for a negligence claim after an airplane injury.
Because airlines are “common carriers,” they must be extremely cautious and make extra efforts to protect their passengers from harm. This higher legal standard extends to the airline’s employees as well. It applies to virtually every aspect of your airplane travel, with the exception of injuries that occur within the airport terminal itself. It specifically applies while you are boarding, traveling, and deplaning.
Turbulence Injuries
Losing your balance or having items strike you due to turbulence can cause serious injuries. However, turbulence is something that the pilot and flight crew cannot control. In some situations, you may not be able to assert a claim because the airline will often assert an “act of God” defense. This type of argument assumes that the turbulence was beyond the airline’s control and a force of nature was what caused the injury.
This assertion is not a complete defense, however. In many situations, the airline or pilot can predict or anticipate turbulence. They may make a decision to go through the turbulence or attempt to fly around it. In those circumstances, the airline would still be liable for any related damages. You may also have a legal claim if the airline staff should have predicted the turbulence but failed to do so.
Other Legal Claims for Injuries on Airplanes
You may also be able to assert a claim related to the maintenance or upkeep of the aircraft. The manufacturer may be involved in some claims that relate to how the airplane was built or if it was functioning improperly. An experienced personal injury lawyer will be able to help you craft the right claim for your particular situation to increase your overall chances of recovery. Call Williams Elleby Howard & Easter at 833-LEGALGA for more information.
