Should I File A Plane Accident Lawsuit If I am Injured During A Flight? - Diamond and Diamond Lawyers
  • Thursday, 17 December 2020

Should I File A Plane Accident Lawsuit If I am Injured During A Flight?

It’s common knowledge that air travel is one of the safest forms of transport, but that doesn’t mean it’s completely free from incidents. In fact, the International Air Transport Association (IATA) statistics for 2019 show that there were 240 fatalities and 53 accidents.

An in-flight injury can range from mild to severe and involve:

  • Turbulence
  • Burns and scalding
  • Slip and fall incidents
  • Concussion
  • Food poisoning
  • Twisted ankle injuries

Whatever the result, if it happens on an airplane, commercial or private, it’s always worth investigating. It’s also worth your time to know your legal rights, which is what we’ll now look at in greater detail.

Common Causes of In-Flight Injury

First, it’s essential to understand what constitutes a personal injury. This term encompasses any situation that causes hurt to an individual, whether it’s a slip and fall, car accident or animal attack. In the case of air travel, personal injury often involves the incidents mentioned above.

Furthermore, many personal injuries are sustained by passengers as they board or disembark a plane. Sometimes this is due to negligence on the part of the airline or because flight attendants aren’t paying proper attention to passengers who need their help.

Examples of airline and staff carelessness include:

  • Overhead lockers not being correctly secured, leading to baggage falling on passengers
  • The flight hitting a pocket of turbulence
  • Unattended food trolleys rolling down an aisle into a passenger
  • Improper food and health hygiene causing passenger sickness
  • Faulty aircraft equipment
  • The worst-case scenario: an actual plane crash

Legal Claims in In-Flight Accidents

If you’re unlucky enough to be involved in a plane-related personal injury incident, the airline or its employees can be held accountable if proof of negligence is found. In terms of your rights as a passenger, legal claims vary on an individual basis. However, in many cases, the legal theory of negligence is the most common type of claim.

This claim looks at how airlines have to maintain an exceptional safety standard towards passengers, so any personal injury sustained while on an aircraft is probably due to abject carelessness. People who can be held accountable include:

  • Flight attendants
  • Pilots
  • Maintenance workers
  • Ground crew
  • The airline’s safety inspectors

It’s also important to note that an injury might not be the fault of another person, but equipment, a vehicle, or part of the aircraft. In these cases, you could be liable to make a product liability claim. Examples of things that might cause a personal injury include:

  • Onboard equipment (such as food trolleys and seatbelts)
  • Overhead luggage compartments
  • The loading ramp
  • The plane itself 

Finally, an airline isn’t responsible for any passenger injury you cause yourself by acting irresponsibly, but it is responsible for its employees’ actions.

There are many types of injuries that can happen while on a flight. If you or a loved one were harmed, you need to speak with an experienced personal injury lawyer who can help you. Call 1-800-567-HURT today!

Filing a Plane Accident Lawsuit

It’s one thing to be the victim of an in-flight accident, but it’s quite another to lodge a successful claim. That’s why it’s vital to put together as tight a case as possible to stand a better chance of getting the compensation you deserve. 

Doing so includes getting answers to any questions you might have, as well as being as prepared as possible. The main way to do this is to find someone who can help you deal with aviation laws, Federal Aviation Administration regulations and any other specific rules related to airline litigation.

This is where we come in. We have knowledgeable personal injury lawyers well-versed in aviation law who can help improve your chances of getting the results you want. Call for a free consultation at 1-800-567-HURT.

PRO TIP:

“Before pursuing any legal actions, you should see if your in-flight injury involved a violation of Federal Aviation Administration Regulations. These regulations will help you quickly determine what course of action you can take, and if there are any relevant rules that apply to your specific incident.”

Plane Accident Lawsuit FAQs

What is the time period in which a plane accident lawsuit must be filed?

Every country, state and province has its own statute of limitations. This is a period in which you’re able to file a claim. However, many airlines are covered by the IATA’s Montreal Convention, which gives you two years to file a lawsuit. Get in touch with us to get more details and see if you’re still able to file your claim.

Do I need a lawyer to file a plane accident lawsuit?

Even though it’s possible to sue an airline in small claims court, this tends to be for situations involving lost luggage and missed flights. To stand a better chance of lodging a successful personal injury airline lawsuit, you should contact Diamond & Diamond today.

Is the airline liable for my slip and fall injury during a flight?

Yes, although there’s a caveat. Was the flight international or domestic? International flights are usually covered by the Montreal Convention, which means the airline is held responsible for your care and safety. If it’s domestic, you may need to prove the accident was the airline’s fault and not your carelessness. In either case, it pays to have the support of a reputable legal team like Diamond & Diamond, so send us an email or call us today.

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