Flying on an airplane is, generally speaking, the fastest and safest form of travel that there is. You can hop on a plane and be on the opposite coast in a matter of hours and in total comfort. However, it is still possible to be injured over the course of your flight, and if your injury was caused by the negligence of the airline staff, then you may be able to receive compensation through a personal injury lawsuit.
Learn why you should consider filing a lawsuit after you’ve been hurt on an airplane with the help and guidance of an experienced local injury attorney.
In-Flight Injuries to Be Aware Of
Before looking at the possible grounds for a lawsuit against an airline, it’s a good idea to examine potential injuries you could suffer on a flight. Although many do not realize it, there are actually several ways you could suffer an injury on a plane, almost all of which could have been avoided.
For example, the most common way that a person is hurt on an airplane is falling luggage. You might also be hurt by a food cart that was allowed to roll freely down the aisle. Finally, many airline injuries are a result of serious turbulence. With the exception of turbulence, all of these injury causes are avoidable and may give you ample reason to file a lawsuit.
An Airline is Required to Protect Your Safety
A factor that many frequent fliers are unaware of is the fact that an airline is required by law to maintain the safety of their passengers. This is known as common carrier standards, and it applies to the entire length of your flight. As soon as you board the airplane, right up until you disembark, an airline must act with your safety in mind.
If you can prove that an airline has shirked their duties under common carrier standards, then you will have a strong chance of winning your suit.
Ways to Prove Negligence If You’ve Been Hurt on an Airplane
An airline employee can be responsible for your injury either by doing something actively or neglecting to do something which causes an injury. For example, if an attendant places and leaves an object in the aisle and you trip over it, this would be considered actively negligent. An example of passive negligence would be not engaging the locks on the drink cart and having it roll into a passenger. Both passive and active negligence can be grounds for a successful suit.
It’s important to note that there are certain injuries that airlines are not responsible for, which are called ‘acts of god’. Acts of god typically refer to injuries caused by turbulence that the airline could not have foreseen or predicted. However, if you can prove that the turbulence should have been predicted and that no precautions were taken to prevent injury, then the airline will still be responsible for your injuries.
Suing the FAA or Bringing a Product Liability Suit
Two other possible legal avenues following an airline injury are suits against the Federal Aviation Agency (FAA) or the manufacturer of a defective product.
In a FAA suit, you might seek to prove that the negligence of an air traffic control caused a runway collision between two planes and that this collision caused your injury. For product liability claims, you could show that a defective seat belt failed to secure you and that you were injured in a fall, or you could demonstrate that a malfunctioning overhead bin latch caused luggage to fall on you.
Ask Robert White for Help
After you’ve been hurt on an airplane, you deserve legal representation from an experienced attorney such as Robert White, Attorney at Law. The Robert White legal experts will help you collect the evidence you need to win your case and your just compensation. Ask Robert White how he can help you today.