Can I Sue If I Was Hurt On An Airplane?
Yes, if you were injured while on an airplane, you can bring a lawsuit to recover compensation for your injuries.
International traveler:
If you were an international traveler then the airline’s liability is controlled entirely by international treaties. The treaties are known as the Warsaw Convention and the Montreal Convention.
Under the Montreal Convention, 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 on international flights, the passenger does not have to prove negligence; the Montreal Convention holds that the airline has a responsibility to passengers because they are in the airline’s custody and care. The Montreal 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 traveler:
If you are a domestic traveler, you may hold the airline liable if your injuries were caused by the airline’s negligence. In other words, the airline is not responsible unless it was careless. But if your itinerary includes a stop in a foreign country, even if you are currently on the domestic portion of their trip, then the rules that apply to international travelers apply.
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 getting to the plane.
Food Carts: We have found the most common cause of injury on an airplane are rolling food carts. Carts may often injure seated passengers when they are rolling by in the aisle and at times coming into contact with knees, ankles, and shoulders. These contacts can unfortunately result in very serious injuries.
Falling Baggage: Airline passengers have suffered injuries caused by baggage falling from the overhead bins. The passenger in the aisle seat is the one most often injured by baggage falling from an overhead bin. These injuries can be serious and have even included traumatic brain injuries.
Luggage Conveyor Belts: Airline passengers have also suffered injuries caused by problems putting their luggage onto the conveyor belt or while taking their luggage off of the belt.
If the injured passenger is travelling internationally, then the Montreal Convention or Warsaw Conventions apply.
If the injured passenger was on a domestic flight, then they must prove that the airline was negligent before the airline can be held liable. For example, the passenger must prove that a flight attendant was careless in opening a baggage compartment and allowing the object to fall out, or, that the bag fell out when a fellow passenger opened the compartment because a flight attendant had improperly stowed the bag.
Turbulence: Bumpy rides can cause unbelted passengers to be thrown from their seats. While an airline is not liable for accidents that occur due to “acts of god,” that is, unforeseen events of nature that cannot be prevented, when passengers are injured due to turbulence airlines cannot always hide behind the “act of god” defense. For example, on domestic flights if the flight crew was able to foresee the turbulence (and often they can), but failed to warn passengers to fasten their seat belts or otherwise take precautions to protect passengers from injury, the airline might be liable for passenger injuries. Similarly on a domestic flight, if the pilot should have been able to predict the turbulence, but failed to do so due to lack of vigilance, the airline may be held responsible for injuries caused by the turbulence.
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