When are Airlines Liable for Passenger Injuries?

Air travel has become an integral part of modern life, connecting people and places across the globe. While flying is generally considered a safe mode of transportation, accidents and injuries can still occur. When they do, passengers often wonder about their rights and the airline’s liability. As your New Orleans personal injury lawyers, we’ve seen firsthand the nature of airline injury cases and the challenges faced by injured passengers seeking compensation.

Understanding Airline Liability

Airlines have a legal duty to ensure the safety of their passengers. This duty extends from the moment a passenger boards the aircraft until they safely disembark. However, the extent of an airline’s liability can vary depending on several factors, including the nature of the injury, the circumstances surrounding the incident, and whether the flight was domestic or international.

Domestic Flights and the Montreal Convention

For domestic flights within the United States, including those departing from or arriving in New Orleans, Louisiana state laws and federal regulations come into play. The airline’s liability is generally based on negligence principles. This means that if an airline fails to exercise reasonable care and that failure results in a passenger’s injury, the airline may be held liable.

International flights, on the other hand, are governed by the Montreal Convention, an international treaty that establishes uniform rules for compensating passengers who suffer injuries or death during international air travel. Under the Montreal Convention, airlines are strictly liable for injuries up to a certain amount, regardless of fault. For damages exceeding this amount, the airline can defend itself by proving it was not negligent or that the injury was solely due to the negligence of a third party.

Common Causes of Passenger Injuries

Airline passenger injuries can occur in various ways. Some of the most common causes include:

Turbulence Incidents

Turbulence is one of the leading causes of in-flight injuries. While airlines can’t control the weather, they do have a responsibility to warn passengers about expected turbulence and to ensure that passengers are properly secured when turbulence is anticipated. If an airline fails to take these precautions and a passenger is injured as a result, the airline may be held liable.

Overhead Bin Accidents

Injuries from falling luggage or improperly secured overhead bins are not uncommon. Airlines have a duty to ensure that overhead bins are properly maintained and that passengers receive adequate instructions on how to safely stow their luggage. Failure to meet these obligations could result in liability if a passenger is injured by falling items.

Slip and Fall Accidents

Wet floors, debris in the aisles, or poorly maintained carpets can lead to slip and fall accidents on airplanes or in airport terminals. Airlines and airports have a responsibility to maintain safe conditions for passengers. If they fail to do so and a passenger is injured as a result, they may be held liable.

Food and Beverage Service Incidents

Burns from hot beverages, allergic reactions to food, or injuries from service carts are examples of incidents that can occur during in-flight food and beverage service. Airlines have a duty to serve food and drinks safely and to accommodate passengers with known allergies.

Proving Liability in Airline Injury Cases

As New Orleans personal injury lawyers, we can attest to the complexity of proving liability in airline injury cases. To establish an airline’s liability, we typically need to demonstrate the following elements:

• Duty of Care: The airline owed a duty of care to the passenger. This is generally established by the passenger’s status as a paying customer.
• Breach of Duty: The airline failed to meet its duty of care. This could involve actions such as failing to warn about turbulence, improperly securing overhead bins, or neglecting to maintain safe conditions on the aircraft.
• Causation: The airline’s breach of duty directly caused the passenger’s injury. This involves showing a clear link between the airline’s negligence and the resulting harm.
• Damages: The passenger suffered actual damages as a result of the injury. This can include medical expenses, lost wages, pain and suffering, and other related costs.

Louisiana Laws Statute of Limitations

Louisiana has a one-year prescriptive period for personal injury claims, as outlined in Louisiana Civil Code Article 3492. This means that injured passengers generally have one year from the date of the injury to file a lawsuit against the airline. However, it’s important to note that for international flights governed by the Montreal Convention, different time limits may apply.

Compensation for Airline Injuries

When airlines are found liable for passenger injuries, the compensation can cover various types of damages. These may include:

• Medical Expenses: This covers all reasonable and necessary medical treatment related to the injury, including hospital stays, surgeries, medication, and rehabilitation.
• Lost Wages: If the injury causes the passenger to miss work or impacts their ability to earn income in the future, they may be entitled to compensation for lost wages and loss of earning capacity.
• Pain and Suffering: This non-economic damage compensates for the physical pain and emotional distress caused by the injury.
• Loss of Enjoyment of Life: If the injury significantly impacts the passenger’s ability to engage in activities they previously enjoyed, they may be entitled to compensation for this loss.

In cases involving international flights covered by the Montreal Convention, there are specific rules regarding compensation. The convention sets a limit on the airline’s liability unless the passenger can prove that the airline acted recklessly or with intent to cause harm.

Challenges in Louisiana Airline Injury Cases

While the law provides avenues for compensation in airline injury cases, these claims can be challenging to pursue. Airlines often have teams of experienced lawyers dedicated to defending against such claims. They may argue that the injury was not their fault or that the passenger’s own negligence contributed to the incident.

Also, gathering evidence in airline injury cases can be difficult. The incident may have occurred in the air, making it challenging to collect physical evidence or locate witnesses. 

At Egenberg Trial Lawyers, we have extensive experience handling complex personal injury cases, including those involving airline injuries. Our team understands the nuances of aviation law and the specific challenges posed by these cases. Our New Orleans personal injury lawyers work diligently to gather all available evidence, consult with aviation experts when necessary, and build a strong case on behalf of our clients.

Contact Our New Orleans Personal Injury Lawyers to Schedule a Consultation

At Egenberg Trial Lawyers, we believe in fighting for justice for our clients. We have the resources, experience, and dedication to take on even the most challenging cases against major airlines. Our team will work tirelessly to ensure that your rights are protected and that you receive the full compensation you’re entitled to under the law.

Contact Egenberg Trial Lawyers today at (504) 229-5700 to schedule your free consultation. Let us put our experience to work for you and help you get the justice and compensation you deserve.