Can You Sue For Airline Incidents?

Posted August 20, 2024 | Personal Injury Blog

Air travel has become something commonplace for many people, yet news reports of accidents and injuries on flights may make one wonder what the legal recourse is for those affected by airline incidents. Whether an error causes severe delay, baggage is damaged or lost, or defective parts cause injury to passengers, airlines are not immune to personal injury claims. 

While fatal crashes are, fortunately, few and far between, there is still some risk associated with this form of travel. Baggage shifting into dangerous positions or falling from overhead bins has injured many. Additionally, turbulence can be very dangerous to passengers who are caught unawares, causing severe injuries and even death in some cases. Falls in the aisles of aircraft can also cause serious injury, regardless of their cause.

At Fielding Law, we believe that airlines have a duty to keep their passengers safe and prevent injury wherever possible. If you or your loved one has suffered at the expense of an incident with an airline, you may have cause to sue for what you have suffered. Contact us today at (877) 880-4090 to schedule a free consultation with an experienced personal injury attorney. 

 

What You Should Expect From Airlines

Airlines are held to a high degree of safety per governing regulations from the Federal Aviation Administration. They are obligated to maintain their aircraft in good condition, to educate the crewmembers, and to have operating guidelines in place in the event of an emergency. Air carriers should take every precaution to avoid accidents and injuries, protecting their customers. 

Airlines may not be entirely able to prevent delays or accidents, especially from sources beyond their control. For example, weather-related cancellations or delays, terrorist threats, or war-related interruptions to an airline’s service are not the airline’s legal responsibility. Only accidents or injuries caused by the carelessness or negligence of the airline, airplane manufacturers, or employees are usually found to be eligible for compensation.

Airlines should strive to provide their customers with a safe transportation service, yet if they fail to do so due to negligence or recklessness, they may open themselves up to a personal injury lawsuit. An aviation accident lawyer can determine an airline’s liability for your injury. 

How Lost Luggage Compensation Works

Lost or damaged luggage is sadly common, with the Bureau of Transportation Statistics reporting that 5.1 out of every 1,000 bags checked were mishandled in 2021. If your bags were among those mishandled, you likely wondered what compensation was available to you. The answer lies in the airline’s contract of carriage or documentation that goes along with your ticket purchase. 

The contract of carriage usually covers such issues as:

• Flight cancellation rules
• Airline boarding policies
• Denied boarding compensation policies 
• Baggage loss and damage policies

While each airline may vary slightly in the wording and details, they must adhere to federal guidelines governing compensation amounts, specifically when it comes to baggage. According to the US Department of Transportation, airlines are only required to pay up to $3,800 per passenger for delayed, lost, or damaged baggage on domestic flights. Even if the value of the items lost or damaged exceeds that amount, the airlines don’t have to pay more than that.

If the airline fails to provide the compensation you deserve, you may sue them in small claims court. However, there is a maximum amount you can possibly receive, and in Utah, that amount is $15,000. It may also be important to note that credit cards and homeowner’s or renter’s insurance may cover some of the lost amount. 

If you have been stonewalled by the airline, as well as by your credit card and insurance companies, it may be time to call an aviation lawyer. At Fielding Law, we defend the rights of our clients to receive the settlement they are entitled to, and we’re not afraid to go to court. Contact us to see if you might benefit from legal guidance with the case at hand.

Personal Injury and Airlines – Where Litigation Stands

When a passenger is injured mid-flight, the airline may be found liable, especially if some negligence or failure to maintain the aircraft led to the injury. Personal injury cases with airlines are not the most common form of civil litigation we come across, but these cases do arise. 

Airlines have a duty towards their customers, and failure to fulfill that duty can have legal consequences for them. Thus, several kinds of personal injury cases can emerge from an incident with an airline, including the following.

Employee negligence 

An airline may be liable if the actions of an employee cause injury to a customer. For example, if a flight attendant failed to secure an overhead bin sufficiently, a bag could fall, causing injury to a passenger. 

Breach of contract

An airline can be held responsible if it fails to perform its responsibilities under the fine print included with the ticket purchased, such as failing to arrive at a destination, inappropriately compensating for a delay, or losing luggage.

Product liability

Airlines and their aircraft manufacturers may be held liable for injuries caused by defective or improperly maintained parts, such as when maintenance schedules are not upheld or when recalls are not performed on defective materials. A recent case with Alaska Airlines involving a faulty door shows how serious these problems can be.

Whatever caused your airline incident, you can be sure that the airline likely shares some blame for the event. What this may mean for you and your case depends on numerous factors. An aviation accident lawyer would be in the best position to talk you through your options for recovery.

Fielding Law Wants to Help

If you or your loved ones have suffered due to an incident involving an airline, you should know that you have rights. Whether you were injured due to the crew’s actions, your luggage was lost, or your flight was canceled or delayed because of technical issues, you may deserve compensation from the airline for what you have suffered. In order to know where you stand, talk to a knowledgeable personal injury lawyer in your area. 

Airlines are big companies that are skilled in keeping their bottom line low and minimizing legal responsibility. Don’t go up against them alone. Make sure that you get the compensation you deserve and need to help you recover financially, emotionally, and physically. 

At Fielding Law, we want to represent your interests, and we consider it our job to help you recover from what you have suffered. Reach out to us anytime at (877) 880-4090 or by filling in our free case evaluation online request form. We want to show you why many Utah and Texas residents have relied on Fielding Law to represent them.