Injured on a Plane? Understanding Your Rights and Filing an Airline Passenger Injury Claim

Flying is statistically one of the safest modes of transportation. However, accidents do happen, and passengers can sustain injuries during air travel. When injuries occur, understanding your rights and knowing how to file an airline passenger injury claim is crucial. This guide provides a comprehensive overview of your rights as an injured airline passenger and the steps you can take to pursue a claim for compensation.

Understanding Airline Liability

Airlines have a legal duty to ensure the safety of their passengers from the moment they board the aircraft until they disembark. This duty of care means airlines can be held liable for injuries resulting from their negligence or failure to maintain safe conditions. The extent of an airline’s liability can vary depending on several factors, including whether the flight is domestic or international and the circumstances surrounding the incident.

Domestic vs. International Flights

Domestic Flights:
For flights within a country, such as those within the United States, liability is generally based on negligence principles. To win a case, the injured passenger must prove that the airline failed to exercise reasonable care, and this failure directly caused their injury. Federal Aviation Administration (FAA) regulations also play a role, setting safety standards that airlines must adhere to.

International Flights:
International flights are typically governed by the Montreal Convention, an international treaty that establishes uniform rules for compensating passengers who suffer injuries or death during international air travel. Under the Montreal Convention, airlines are strictly liable for injuries up to a certain amount, regardless of fault. As of 2024, airlines are automatically liable for proven damages up to approximately €150,000 (128,821 Special Drawing Rights). For damages exceeding this amount, the airline can defend itself by proving it was not negligent or that the injury was solely due to the negligence of a third party.

Common Causes of Airline Passenger Injuries

Injuries on a plane can occur in various ways. Some of the most common causes include:

Turbulence: Sudden and unexpected turbulence can cause passengers to be thrown around the cabin, resulting in head injuries, sprains, fractures, and soft tissue injuries.
Falling Objects: Injuries from falling luggage or improperly secured overhead bins are not uncommon. Airlines must ensure that overhead bins are properly maintained and that passengers receive adequate instructions on how to safely stow their luggage.
Slips, Trips, and Falls: Wet floors, debris in the aisles, or poorly maintained carpets can lead to slip and fall accidents on airplanes or in airport terminals.
Food and Beverage Service Incidents: Burns from hot beverages, allergic reactions to food, or injuries from service carts can occur during in-flight service.
Boarding and Deplaning: Injuries can happen while boarding or deplaning, especially on mobile stairs or shuttle buses.
Assaults: Physical altercations with other passengers.

Steps to Take If Injured on a Plane

If you are injured on a plane, taking the following steps can help protect your rights and strengthen your claim:

Report the Incident Immediately: Inform a member of the cabin crew or airport staff about the incident right away. Ensure an accident report is filed and document any actions taken by the airline, such as offering medical assistance.
Seek Medical Attention: Even if injuries initially appear minor, they could worsen later. Seek medical attention as soon as possible and keep detailed records of all medical treatments and expenses.
Document Everything: Take photos of the accident site, your injuries, or any defective equipment. Save all relevant documents, including tickets, boarding passes, receipts for medical and travel expenses, and any correspondence with the airline. Record the exact time and place of your incident as well as any immediate effects. Also collect contact details of witnesses that can vouch for your account of events.
Limit Communications with the Airline: File required notices but be cautious with statements. Do not give recorded statements without legal advice.
Consult an Attorney: A qualified personal injury solicitor familiar with airline cases will guide you through the legal process. They will help gather evidence, file your claim, and negotiate with the airline if necessary.

Filing an Airline Passenger Injury Claim

Airline injury claims differ from other personal injury claims as they are subject to international regulations. A claim must show that the injury was caused by an “accident” as defined by the Montreal Convention—an unexpected event external to the passenger.

Once liability is established, the process proceeds as follows:

Consult with a solicitor: An attorney can assess the validity of your claim.
File your claim: File your claim directly with the airline or in court, depending on the circumstances.
Provide evidence: Provide all evidence and documentation supporting your claim.

Compensation for Airline Injuries

The compensation you can receive in an airline injury claim depends on the severity of the injury and the circumstances of the incident. Typically, you may be entitled to compensation for:

Medical Expenses: This covers all reasonable and necessary medical treatment related to the injury, including hospital stays, surgeries, medication, and rehabilitation.
Lost Wages: If the injury causes you to miss work or impacts your ability to earn income in the future, you may be entitled to compensation for lost wages and loss of earning capacity.
Pain and Suffering: This non-economic damage compensates for the physical pain and emotional distress caused by the injury.
Loss of Enjoyment of Life: Compensation for diminished quality of life.
Out-of-Pocket Expenses: Any additional costs incurred due to the injury, such as travel expenses to medical appointments or home modifications needed to accommodate a disability.

Challenges in Airline Injury Cases

Pursuing an airline injury claim can be challenging. Airlines often have teams of experienced lawyers dedicated to defending against such claims. They may argue that the injury was not their fault or that the passenger’s own negligence contributed to the incident. Gathering evidence in airline injury cases can also be difficult, as the incident may have occurred in the air, making it challenging to collect physical evidence or locate witnesses.

Time Limits for Filing a Claim

It’s important to be aware of the time limits for filing an airline injury claim. Under the Montreal Convention, claims must be filed within two years of the date the aircraft arrived at its destination or was scheduled to arrive. For domestic flights, the statute of limitations varies by state, typically ranging from one to three years. In Florida, claims must adhere to the statutes of limitations set by Florida Statute § 95.11, which typically provides a four-year limit for personal injury lawsuits. In Georgia, you have two years from the date of the injury to file a lawsuit seeking compensation.

Do you need legal assistance?

If you have been injured on a flight, it is essential to understand your rights and take the necessary steps to protect them. Consulting with an experienced aviation attorney can help you navigate the complexities of airline injury claims and pursue the compensation you deserve.