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Liability for In-Flight Injuries

Thursday, December 06, 2018By Nina Shapirshteyn

Passengers that incur in-flight injuries may be entitled to compensation, but a passenger’s legal rights in airplane injuries can be more complicated than a standard person injury claim. There are multiple parties who are responsible for maintaining the safety of passengers. In addition, airlines are subject to a different standard of care than the average person. It is necessary to understand when a negligence claim from an aviation accident can give rise to liability.

Types of Aviation Accidents

Injuries on airplanes can occur in a number of contexts. Malfunctioning equipment, unexpected turbulence, overstuffed overhead bins, slips and falls, and cramped interiors can all lead to passenger injury. In some cases, these accidents can severely injure passengers.

Standard of Care in Aviation

Airlines are considered common carriers in the United States. Carriers are responsible for injuries that occur aboard their transport modes if they behave in a negligent manner. In addition, carriers are subject to regulations, such as the Federal Aviation Act, that establish safety standards for passengers who use their services.

All common carriers, including airlines, must exercise the highest standard of care with respect to their passengers. This includes the operation and upkeep of the aircraft and in-flight procedures such as boarding, loading bags, and conduct on the plane while it is in the air. For example, the pilot is obligated to ensure that the aircraft is flown in a safe manner, including being aware of mechanical issues and weather patterns. Similarly, the other airline personnel who are responsible for the airline departing and landing have a duty to ensure that the aircraft operates properly.

Parties Liable for Injuries

The airline and all its employees must exercise diligent care to prevent injuries to passengers, but it is not just the pilots and ground crew that may be liable for injuries. If the aircraft does not operate safely due to mechanical failure or other malfunction, passengers could have a claim against the seller or manufacturer of the aircraft. Even air traffic controllers must act diligently and with reasonable care toward passengers on aircrafts.

In all cases, parties must prove that the airline failed to exercise the standard of care it owed to passengers to prevail in a claim. In addition, airlines are generally not liable for damages resulting from natural or unforeseen acts.

If you or a member of your family suffered injury or death as a result of negligence or a defective automobile, contact the attorneys Alexander Law Group, LLP. Our exceptional personal injury lawyers will answer your questions and get you the maximum compensation that is possible. Call 888.777.1776 or contact us online.

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