What Does an Airplane Accident Attorney Do?

October 17, 2024 @ 8:31 am

Flying can be stressful. Even as our seating group is finally called from the waiting area and we begin walking onto the plane, a certain tension is in the air. Yes, flight is actually the safest mode of transportation. And no, this flight probably will not become the day’s featured news story. 

However, passenger accidents and injuries can happen at any time—even without a crash. In fact, injuries sustained during routine air travel are not uncommon, and while you may be used to thinking about airplane accident lawyers helping victims following a catastrophic crash, they also provide vital legal support for injuries that happen during everyday flights and boarding.

Airline Duty of Care

Under aviation law, airlines are responsible for the safety of their passengers from the time they begin boarding until they have disembarked. Commercial airlines are common carriers. They transport people for a fee. As a result, they must uphold a higher duty of care compared to other forms of transport to ensure the safety of their passengers.

• For boarding and disembarking, airlines must ensure that passengers can safely board and leave the plane. This includes providing assistance to those who need it, ensuring safe pathways and minimizing hazards like slippery floors.
• While in-flight, airlines must maintain a safe cabin environment, secure overhead luggage, warn of turbulence, provide adequate medical support when necessary and follow standard procedures to prevent accidents.

This duty of care means that the entire company and all of its employees have this responsibility, and it translates into all the everyday activities involved in conducting a successful flight from one point to another. If an airline employee is negligent and an injury results, the airline may be found liable.

Common Causes of Airplane Passenger Injuries

Many of the same incidents that occur anywhere else can happen on a plane, but the nature of air travel can intensify many of their effects. All of these common causes of airplane passenger injuries have served as the basis for various airplane accident lawsuits.

Turbulence

Turbulence is irregular, often unpredictable air movement that can cause an aircraft to shake, bump or suddenly drop. It occurs when air currents moving at different speeds or directions disrupt the smooth flow of air over the wings. Turbulence is often the result of jet stream activity, eddies of air moving over mountains, or weather systems like storms or cold fronts.

Turbulence is a leading cause of passenger injuries simply because it is so unpredictable. Anything unsecured can become airborne. This includes unbuckled passengers and flight attendants who may be performing duties throughout the cabin. The sudden drop of a plane in turbulence can toss human beings against walls, equipment or other people, breaking bones and causing severe external and internal injuries. Small or large, any unsecured inanimate object can also become a hazard.

Airlines typically have safety protocols requiring pilots to notify cabin crew and passengers of impending turbulence, when possible, so they can take appropriate precautions. However, clear-air turbulence can be particularly dangerous because it occurs in clear skies and can arise without warning.

Falling Luggage 

Airlines typically allow passengers a carry-on that must comply with size and weight limits. However, personal items secured in the overhead bins may shift during flight. Items have been known to fall out when passengers or crew open the bins. A faulty catch, oversized bags or heavy items may result in a bin failing and depositing its contents on an unsuspecting passenger. 

Passengers may injure other passengers while lifting heavy bags into or out of overhead compartments. In busy boarding situations, flight attendants may be challenged to ensure that every item is adequately secured and within size and weight limits.

Because luggage typically strikes victims from above, injuries often involve head or neck injuries. This is why airlines are so strict about carry-on sizes, weight and securing personal items safely.

Slips and Trips

Cabin space in an airplane can be tight and crowded with other passengers and their personal items. Aisles are narrow and can become especially dangerous while passengers are boarding or deplaning. Of course during flight, the plane itself is moving.

Sometimes, personal items, carry-on bags or service carts create obstacles that increase the likelihood of someone tripping. Spills, loose items like a dropped phone, luggage with straps or parts that extend into the aisle, or even a passenger’s bulky clothing can create walking hazards. Poor lighting may cause visibility issues. If turbulence is a factor, the sudden movement can make passengers walking in the aisle lose their balance.

Because space is so limited on an airplane, slips, trips and falls can involve passengers hitting a lot of hard surfaces like seat arms, tray tables or the floor. Likewise, falls in the airplane bathroom can also be dangerous. Injuries can range from minor bruises to sprains, broken bones, or head and face injuries.

Airlines are responsible for cleaning up spills quickly and ensuring that cabin crew members enforce policies regarding proper luggage stowage and aisle safety.

Delay of Medical Assistance

Airlines have a duty to provide reasonable medical assistance to passengers if it is needed. Federal Aviation Administration regulations require that all commercial aircraft carry emergency medical kits to address common medical emergencies to stabilize a passenger until the plane can land or professional medical help is available. While flight attendants are not required to be paramedics or doctors, they are trained to handle basic emergencies like administering CPR or using an automated external defibrillator.

If an airline fails to take action or denies a passenger care or reasonable accommodation during a medical emergency, the refusal could be seen as negligence—especially if the crew ignores a clear need for assistance. Denying access to medical supplies, delaying response time or refusing to divert the flight for a serious issue that requires access to ground-based emergency medical services could leave an airline open to a personal injury or wrongful death suit.

Poor Air Quality

Poor air quality or inadequate ventilation in the cabin can cause discomfort or exacerbate pre-existing health conditions—especially for those with respiratory issues like asthma or cardiovascular issues. 

Conditions affecting temperature or humidity can cause some passengers to become lightheaded, have difficulty breathing, experience headaches or suffer extreme fatigue. If fumes enter the cabin through the ventilation system, passengers may experience respiratory distress, headaches and dizziness.

Hot Beverages

Turbulence, limited space and stability, and hot beverage temperatures can set up perfect conditions for a scalding burn. Hot drinks served on flights are often scalding, sometimes heated to 160-180 degrees. 

Plus, the thin cups typically used on planes are easier to spill. In such confined spaces, hot liquids can easily spread across a seat or onto passengers’ clothing and skin, causing burns.

Disruptive Passengers

Some passengers may engage in violent or aggressive behavior like threatening others or physically assaulting crew members or other passengers. In some cases, drugs or alcohol may be involved. Passengers who interfere with flight attendants or other crew members can create significant risks—especially during critical moments like takeoff, landing or emergencies.

Flight attendants are trained to use de-escalation techniques to calm difficult passengers. However, if a passenger becomes physically violent or threatens the safety of others, flight attendants may use restraint devices like handcuffs or zip ties to immobilize the passenger to protect the safety of the flight. Passengers who refuse to comply can face arrest upon landing as well as inclusion on no-fly lists and government watchlists.

Airlines have a legal duty to protect passengers from foreseeable harm, and that includes the actions of other passengers. If an airline fails to take reasonable steps to protect passengers from a violent individual, they may be held liable for injuries or damages caused by that passenger.

Faulty Parts or Equipment

Passengers can be harmed when essential equipment fails to work as expected. For example, if seats or seatbelts are broken or defective, a passenger may not be properly restrained during turbulence or abrupt changes in the plane’s motion. A broken or compromised seat may collapse, pinching or entrapping body parts. If oxygen masks fail to deploy when needed, passengers may suffer from oxygen deprivation.

Airlines have a legal obligation to regularly inspect and maintain their aircraft in safe, operational condition to ensure passenger safety.

Injured on an Airplane? Here’s What You Should Do

When incidents happen on an airplane, they often happen quickly. Knowing what to do beforehand can help you make sure that you get the assistance you need.

• Inform your flight attendants. If you think you may have been injured, alert a flight attendant as soon as possible. Attendants are trained to handle injuries and should fill out an incident report documenting what happened. The report should include all relevant details like time, location and any contributing factors—turbulence, a fall or equipment malfunction, for example. Be sure to ask for a copy of the report, and be aware that airlines may have follow-up procedures. The report serves as an official record of the event.

• Seek immediate medical attention. Even if the injury seems minor, ask for medical assistance. Planes are equipped with first aid kits, and attendants have basic medical training. For more serious injuries, the flight crew may arrange for paramedics to meet you at your destination or for the flight to be diverted. The crew may also check if a medical professional is on board to treat your injury. Getting immediate care ensures that your injury is treated promptly and may prevent complications. It also shows that you took the injury seriously from the outset.

• Gather evidence to document your injury. This can include taking photos of the area where the injury occurred, taking photos of any visible injuries, writing down an account of exactly what happened and the conditions surrounding the event, and collecting contact information for any witnesses. The passage of time can skew memories. You want to ensure you have sufficient information to document your injury, and you want that information to be accurate and credible.

• Keep track of your medical treatments and expenses. If your injury requires further medical attention after the flight, be sure to keep records of all treatments, diagnoses and expenses. This includes doctor visits, medications, physical therapy and any hospital stays. Be sure to follow up with your doctor for any additional medical assessments or treatments as needed. If you plan to seek compensation from the airline for your injuries, detailed documentation helps to prove the extent of your injuries and the financial burden that the incident caused.

• File a claim with the airline. You can contact the airline’s customer service department to report the injury and the incident’s details. Airlines often have specific claims processes to handle injuries that occur during flights. Reaching out to their customer service department shows that you are operating on good faith and gives the airline an opportunity to respond appropriately and do the right thing.

• Consult an airplane accident attorney. If your injury was serious of if the airline fails to respond appropriately, you need to consult with an airplane accident attorney immediately. Aviation law operates within a complex framework of federal laws and international regulations. Complications can include jurisdiction issues, complex liability webs, international laws and treaties, government involvement and time-sensitive filing requirements.
  
  Your attorney will investigate the incident to determine the cause of the accident and who is liable. In aviation cases, multiple parties may be held responsible—the airline, the airplane manufacturers, maintenance providers, air traffic controllers or even the pilot. If an event qualifies as a reportable incident, National Transportation Safety Board and Federal Aviation Administration investigations may be involved.
  
  Once the attorney has established liability, they can file claims on your behalf to recover compensation for medical expenses, lost wages, pain and suffering, and other damages. If you lost a loved one, your attorney can file a wrongful death suit.

Airplane Accident Attorneys You Can Count On

Remember, you don’t have to be involved a crash to be injured on an airplane. Turbulence, an emergency landing or a host of other unanticipated events can leave you struggling with an injury that needs costly medical care for the long term.

If you’re struggling with fallout from an airline accident and ready to take the next step, reach out to the airplane accident attorneys at Morrow, Morrow, Ryan, Bassett and Haik. Schedule your free consultation today on our website or call (800)725-8836.