Can I Sue If I Was Hurt at An New York City Airport?
Yes, if you were injured while entering or inside the terminal, or are past the gate going to board the plane, or while leaving the plane after a flight, you can bring a lawsuit to recover compensation for your injuries.
At the firm of Jaroslawicz and Jaros we have successfully handled many different types of cases involving passengers who, unfortunately, suffered an injury while on an airplane or while getting on or off the plane are while at the terminal going to board the plane.
Embarking and disembarking:
Injuries have been suffered by passengers while embarking or disembarking an aircraft. For international travelers the provisions of the Warsaw and Montreal Conventions governing airline carrier liability still apply for such injuries. Whether the airline was negligent or not is for the most part irrelevant. All that matters is whether you were injured by an “accident”. The U.S. Supreme Court has defined “accident” to mean “an unexpected or unusual event or happening that is external to the passenger.”
This means that the passenger does not have to prove negligence; the Convention holds that the airline has a responsibility to passengers because they are in the airline’s custody and care. The Convention entitles passengers to be compensated for the emotional distress they have suffered, but only if they suffered some sort of physical injury as well.
Domestic travelers do need to show that their injuries were caused by the airline’s carelessness or negligence.
For example, at our firm, Jaroslawicz and Jaros, we have had injury cases where there was a foreign substance that caused the slip and fall, such as oil or grease on the walkway, or a water leak that formed ice or a slippery condition, or the ramp was not even with the airplane and had a gap, and many other such fact patterns.
Special needs passengers: Passengers with special needs or handicaps require assistance going to and from their planes and also while boarding and disembarking. Injuries have occurred in many ways, including, by collapsing or defective wheelchairs and the negligent assistance or improper handling by ground personnel while transferring to or from the wheelchair.
Can I Sue If I am Not From New York?
It does not matter if you are from out of state or from another country. If you do not live in New York but were just visiting, it may feel overwhelming to try to seek compensation. However, you should know that you have just as much of a right to seek compensation for your pain and suffering, medical expenses, lost wages and other costs, regardless of whether you’re a New York resident or not.
You can also go back to your home while your lawsuit is proceeding in New York.
If you or a loved one were injured at an airport terminal, or while on a plane, and are in need of legal assistance, then call the Lawyers at Jaroslawicz & Jaros at 212-227-2780, or submit an online questionnaire.
The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we are paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call to ensure that you do not waive your right to compensation.
You can call Abraham Jaros on his cell at 917 842 9544
or, email him at ajaros@lawjaros.com.
By: Abraham Jaros,
Jaroslawicz & Jaros, PLLC
Admitted to the New York Bar in 1973