Traveling by air is one of the safest modes of transportation, but when accidents or incidents occur, the consequences can be severe. From turbulence injuries to catastrophic failures, passengers may face life-altering situations. Understanding your legal rights as an injured passenger is important when seeking compensation and accountability from the airline involved.

We will delve into passenger rights in airline-related injuries in the following article, including notable past cases and the laws that govern such claims. Whether it’s a turbulence injury or negligence on the part of the airline, knowing the legal framework can help injured parties seek justice.

For legal help with an airline injury, please reach out to the experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law to discuss your specific case with a professional.

How Airline Liability Works: Domestic and International Flights

Injury claims against airlines are governed by different legal frameworks, depending on whether the flight is domestic or international. Understanding the distinctions is key to navigating your rights.

Domestic Flights: FAA Regulations

The Federal Aviation Administration (FAA) sets strict guidelines for airlines operating within the U.S. These regulations cover aircraft maintenance, crew training, and passenger safety protocols. If an airline fails to meet these standards, it can be held liable for injuries resulting from negligence.

International Flights: The Montreal Convention

For international flights, the Montreal Convention governs liability for passenger injuries. Airlines are automatically liable for damages up to a set limit unless they can prove the incident was caused by factors beyond their control, such as passenger misconduct or an unforeseeable event.

The Montreal Convention also allows passengers to seek additional compensation if gross negligence by the airline can be established. However, claimants must adhere to specific timelines for reporting incidents and filing lawsuits.

Notable Cases Illustrating Airline Liability

Understanding your rights is easier when we look at how past cases have unfolded:

1. Delta Airlines Disability Discrimination (2022)
   In this case, a disabled passenger alleged that Delta failed to provide proper assistance with her wheelchair, resulting in injury. The lawsuit highlighted airlines' duty of care to passengers with disabilities under FAA regulations and the Air Carrier Access Act.
2. Malaysia Airlines MH370 Disappearance (2014)
   Families of passengers on the missing flight sued the airline, alleging negligence in its communication and operational protocols. This case underscores the complexities of international claims under the Montreal Convention.
3. Southwest Airlines Fatal Engine Failure (2018)
   A tragic incident occurred when an engine malfunction caused debris to strike a window, leading to a passenger’s death. This case emphasized the importance of routine aircraft maintenance as mandated by FAA regulations.
4. American Airlines Turbulence Injury (2018)
   Turbulence caused several passengers to sustain injuries during a flight. The affected individuals sought compensation for medical expenses and pain and suffering, demonstrating how airlines are held accountable for passenger safety during such predictable incidents.

Steps to Take If You’re Injured on a Flight

If you’ve been injured during air travel, taking the following steps can protect your rights and strengthen your claim:

• Report the Incident Immediately: Notify the airline crew as soon as the injury occurs. This ensures the incident is documented in official records.
• Seek Medical Attention: Even minor injuries should be evaluated by a healthcare professional. Medical records are essential evidence for your claim.
• Preserve Evidence: Take photos of the injury, any defective equipment, and the scene of the accident. Keep copies of boarding passes, tickets, and communication with the airline.
• File a Written Complaint: Submit a formal complaint to the airline detailing the incident. This is often a requirement under the Montreal Convention for international claims.
• Consult an Attorney: Legal professionals specializing in aviation law can help you navigate the complexities of your claim.

Determining Liability in Airline Injury Cases

Airline liability depends on proving negligence, which requires establishing the following elements:

1. Duty of Care: Airlines are obligated to ensure passenger safety to a reasonable standard.
2. Breach of Duty: This occurs when the airline fails to meet its obligations, such as maintaining equipment or training staff adequately.
3. Causation: There must be a direct link between the airline’s negligence and the injury.
4. Damages: The injury must result in measurable damages, such as medical expenses, lost income, or pain and suffering.

In international cases governed by the Montreal Convention, additional factors may limit or expand the airline’s liability.

When Comparative Fault Comes Into Play

In some cases, the airline may argue that the passenger shares responsibility for the incident, such as failing to follow safety instructions. Comparative fault laws vary by jurisdiction, but they can reduce the compensation a passenger receives based on their percentage of fault.

Call Brandon J. Broderick For Legal Help

Navigating personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.