Understanding Airline Injury Claims For In-flight Injuries

What Are the Common Causes of General Aviation Accidents?

Most in-flight injury risks are the result of turbulence. And because turbulence is so unpredictable, it’s not easy to prevent injuries if it catches you off-guard. It’s not uncommon for people to hit their heads against windows, be thrown from their seats, or trip and fall as they’re walking toward the bathroom.

Food service accidents are also a concern. A food and drinks cart is, of course, necessary during a flight, but it can also increase the risk of injuries should there be turbulence. A cart can roll forward if it’s not been secured properly, crashing into passengers trying to get by and potentially injuring the legs and arms of those in aisle seats.

But even beyond the cart, emergencies involving food can still come up. Allergies to certain foods and ingredients can cause problems if packages aren’t clearly labeled and passengers aren’t told what each item contains. Even food poisoning can occur in some cases, and it can lead to potentially severe dehydration. And if diabetic passengers are not promptly offered food and water, they could face serious medical issues as well.

One last common cause of injuries on flights is luggage that hasn’t been secured correctly. Luggage can easily fall from overhead compartments during both turbulent and regular flights. Latches can spring open, and items can come crashing down, potentially leading to broken noses, scars, and other serious injuries, as mentioned above.

Airline Injury and Liability

As with all personal injury claims based on negligence, you will have to demonstrate that the defendant owed you a duty of care and breached it. You also have to show that the injuries you suffered were the direct result of that breach and that you can be compensated for what you’ve suffered.

If a passenger is injured during a flight, the airline will most likely be the liable party, especially if one of the airline’s employees was negligent in any way that led to the injuries.

In some instances, though, it may be the manufacturer of the plane itself that’s liable. If an overhead compartment springs open because of a faulty latch, for example, the manufacturer would be strictly liable for any injuries that falling luggage causes.

If an air traffic controller commits an error because they were distracted and it causes the plane to collide with another plane or object, then both they and their employer may be liable.

All of these examples are to say that in many cases of airline injuries, there’s more than one liable party. However, if your accident occurred because of an item, like a faulty overhead compartment latch, and not a specific individual, you can rely on a strict liability doctrine. These don’t require that you prove negligence; instead only ask that you show that the item malfunctioned and led to your injuries.

Examples of Airline Negligence

Negligence on an airplane can take many forms. Take, for instance, a flight attendant forgetting to secure their food cart, causing it to careen down the aisle and hit passengers. An attendant may also forget that a passenger requested a peanut-free meal because of food allergies, resulting in an allergic reaction.

Tripping and falling can be a result of negligence, too. If a flight attendant hasn’t told passengers to move their luggage out of the aisle or if they allowed items to fall from the food and drinks cart without picking them up, they’re negligent. In a similar sense, one who serves hot drinks during turbulence has effectively breached their duty of care as well.

Aside from flight attendants, the airline could be found negligent if it has hired people who are not trained or experienced enough to perform their respective duties. Pilots without the proper training can cause catastrophic accidents, and even flight attendants who don’t know how to properly advise passengers of safety hazards can cause avoidable injuries.

An airline is also negligent if it knowingly does not hire enough crew members. If there aren’t enough flight attendants, for example, people with medical emergencies may not get the prompt care they need.

How Common Are Aviation Accidents and Injuries?

As explained, commercial airline flights are remarkably safe, with injuries from turbulence and other in-flight risks being relatively rare. Between 2009 and 2021, only a collective total of 146 passengers and crew members throughout the world were seriously injured due to turbulence. However, instances of turbulence itself seem to be on the rise, which could cause a significantly greater number of injuries in the future.  

FAQs

Here are some answers to the most questions our clients have asked about in-flight injuries: