Even though in-flight injuries are rare when compared to car accident injuries, air travel injuries do occur.
Most in-flight injuries occur during air turbulence, the most common cause of injury to air travelers. In fact, there are an estimated 60 injuries each year that occur due to air turbulence in the U.S. alone.
While in-flight injuries can range from broken bones and minor head wounds to serious head injuries, most people don’t realize that just because you’re flying a commercial plane doesn’t mean you won’t get compensated for your injuries.
What are your legal rights if you suffer an in-flight injury? Can the airline or any of its employees be held responsible for your damages?
In order to determine who is responsible for the damages and injuries in your particular case, it’s important to consult an in-flight injury attorney.
Legal rules that apply to in-flight injuries can be quite complicated and only an experienced lawyer can help you obtain the compensation for your injuries, medical bills, pain and suffering.
Who should be held liable for your in-flight injuries?
If the airline failed to provide a high standard of care, it can be sued for negligence if you sustained injuries on one of its planes.
The airline can be held responsible for your in-flight injuries if it failed to prevent injuries from happening because of:
- improper operation, maintenance or inspection of the airplane
- inadequate loading and boarding of the plane
- overloading of the aircraft
- failure to provide a safe passage to the exit/restroom while en route
- failure to inform passengers of the incoming air turbulence and/or the absence of the ‘brace for impact’ command
- not altering or delaying the flight if weather conditions are not safe for the flight.
The airline can also be held responsible for other mismanagement or misconduct activities. That’s why it’s vital to consult an experienced in-flight injury attorney to investigate your particular case and conclude whether or not you can get compensated for your injuries and damages.
The Do’s and Don’ts of seeking compensation for in-flight injuries
While the airline and its employees are responsible for maintenance and inspection of the aircraft, it cannot be held liable for unusual or unexpected defects in the plane.
Earlier in October, Air France diverted its flight to Los Angeles to an airport in Canada after the aircraft’s four engines sustained severe damages. While the investigation was underway as of the time of this article, the damage could be an unexpected defect that was impossible to detect during inspection.
Also, the airline cannot be held accountable for consequences from an unexpected in-flight accident or an act of God.
Moreover, the injury itself is never enough to be eligible to file a lawsuit and get compensated for your injuries. You must collect solid evidence prior to filing a lawsuit for negligence.
Call JML Law at 818-610-8800 to consult a well-versed personal injury attorney about your particular case. We offer a free initial consultation.
While you probably don’t want to waste countless days or even weeks to check (and double-check) all the information regarding the aircraft’s pre-flight maintenance, operation, inspection, loading, boarding and other factors that could result in your injury, we’re certainly motivated to do it on your behalf.