In-flight turbulence is the leading cause of non-fatal injuries to airline passengers as well as flight attendants. Each year, roughly 58 injuries are caused to people in the United States due to turbulence while they do not have their seatbelts on.
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Generally, 2/3 of accidents related to turbulence occur at 30,000 feet or above. From 1980 to 2008, there were 234 turbulence accidents in US air carriers, which resulted in 298 serious injuries, and 3 deaths. Of the serious injuries, 114 were sustained by passengers while 184 affected flight attendants.
Although it is relatively safe to travel by air when you compare it to traveling by train or automobile, in-flight injuries do take place occasionally. These injuries may be minor, like a twisted ankle sustained while trying to reach the bathroom, or serious, such as severe head injuries sustained during air turbulence.
If a person has been injured while traveling by flight, they should be aware of their potential rights. In some cases, they can hold the airline or its employees responsible. However, there are complicated rules that a victim needs to sort through to determine who the victim can take legal action against and if they can receive monetary award.
Determining the Responsible Party
Air carriers and airlines are governed by the Federal Aviation Act (FAA) and held to a high standard of care for their passengers. Although an airline is not a passenger’s safety insurer, it is responsible for even the slightest negligence on its employees’ part and is required to do everything reasonable under the circumstances in order to prevent any injuries from occurring.
However, you should note that an injury in and on itself is not sufficient to conclude that negligence was on the part of the airline. It is required to show some evidence that the airline was at fault and therefore, responsible for the injury.
Other Parties Potentially Responsible for In-Flight Injuries
It is possible that the airline may not be the only liable party for injuries that passengers sustain during a flight. The repairer, seller, or manufacturer of the aircraft or its equipment may be liable for defects that result in the aircraft’s malfunction. Additionally, passengers are owed a duty of care by the air traffic controller with respect to an air traffic control system’s operation. The controller may be held responsible if they see a life-threatening situation and do not warn the pilot properly.
Apart from commercial carrier passengers, passengers of small aircrafts may also be awarded monetary relief from injuries that they sustained on an aircraft. Although the standard of care of a private carrier is not as high as a large airline, it is still the duty of the private carrier to exercise caution. Even guests can recover from the private aircraft’s pilot or owner under certain circumstances.
RMFW Law is Your Answer
If you or a loved one has been injured in an aircraft due to negligence, you should immediately seek the help of a personal injury lawyer at RMFW Law at 212-344-1000. The first meeting is free. Even if you win the case you do not have to write us a check since we only take a percentage of the final settlement or verdict. If we lose, you owe us nothing.
Call RMFW Law today!
