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Airline Liability For Personal Injury

A lot can happen on an airplane. The most obvious is that airplane mechanics can malfunction leading to rough and bumpy flights and even accidents. However, passengers can also experience injuries during boarding and from in-cabin accidents. Airlines are legally required to provide a safe environment for all their passengers, so if you’ve been injured as the result of flying, you may have a personal injury case.

Public airlines are considered common carriers. Common carriers have a heightened legal responsibility and duty of care to their passengers. This duty of care extends to all of the airline’s employees including pilots, airplane mechanics, security officers, flight attendants, and ground crew. They are required to ensure that their passengers are protected from harm at every stage of the flight. Since common carriers have a high degree of standard of care, determining fault for airline injuries is easier than in other personal injury claims. If an airline or their employees have been even slightly negligent and that negligence lead to an injury, they will be held liable.

Examples Of Airline Injuries

There are several different types of injuries that can occur as a result of airline negligence including:

  • In Cabin Injuries: In cabin injuries may include tripping over luggage and injuries as the result of improperly trained staff.
  • Turbulence Injuries: Turbulence injuries can occur during a flight experiencing turbulence and can include luggage falling from overhead compartments, head and neck injuries, and emotional distress. However, airlines are not liable for “acts of God,” so any injuries occurred that could not be prevented by the airline due to an uncontrollable event like a thunderstorm are not covered.
  • Security Injuries: Security injuries do not include injuries from federal security workers like the TSA. However, airlines are responsible for security issues on the plane like assaults.
  • Airline Accident Injuries: If an airplane crashes as a result of mechanical failures or pilot negligence, they are responsible for any injuries incurred.

Other Responsible Parties

Beyond the airline, there may be other responsible parties for your injury. If the injury was the result of a mechanical failure, the airplane or parts manufacturer may be held liable for the injury. Air traffic controllers may also be held responsible if they failed to do their job correctly and warn the pilot of any potential hazards. Finally, the Federal Aviation Association (FAA) may be liable for your injury. The FAA is responsible for overseeing air traffic control and if an air traffic controller was negligent in their duties, the FAA may hold liability.

So if you’ve been injured during flight whether in an accident, in cabin, or even from turbulence, you may have a claim against the airline. However, with so many different types of accidents and potentially responsible parties, you should hire a personal injury attorney to represent you against an airline. The experienced attorneys at , Goldman, Babboni, & Walsh can help. With over 100 years of combined experience, we have helped thousands of people with every type of personal injury claim and know exactly how to help. We can help establish fault, determine the responsible parties, and pursue a claim so you get a fair settlement for your injuries. So if you’ve been injured as the result of an airline’s negligence, call us today.

Michael J. Babboni's wide-ranging legal career is based on the strong belief that everyone should be treated fairly and have access to effective legal help. Michael began putting his beliefs in action by helping the people of St. Petersburg Florida get what they are owed in civil trials fighting to protect families by making corporations pay, and honor their obligations.

Airline Liability For Personal Injury

Goldman Babboni Fernandez
Murphy & Walsh

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