Were you injured as a passenger onboard an airplane? Contact Florida airplane injury attorney Jason Turchin today to see how we can help you get the compensation you are entitled to. Call us at (800) 337-7755 for a free consultation.
Although airplanes have become one of the safest means of transportation, accidents and injuries can still happen onboard. Mechanical breakdowns, malfunctions, engine failure, plane crashes, and lost aircraft are rare. Injuries onboard the aircraft, however, are quite common.
If you were hurt as a result of a misstep or negligence on the part of the airline, you may be entitled to recover damages for your injuries.Compensation for Airplane Injuries
In 2003, the United States became a party to the Montreal Convention, a treaty that governs rules regarding international carriage of passengers, baggage, and cargo, and promotes uniformity among the participating nations.
The Montreal Convention sets the guidelines for liability and distribution of damages for airline passengers. As per the Convention, the air carrier will be strictly liable for damages up to approximately $150,000 USD.
In other words, if you are injured on a flight that makes physical contact with the United States and any foreign country, then the airline may be liable for damages up to roughly $150,000 USD. If the claim for injury exceeds that amount, then the victim will have to prove that the airline was negligent.
The Montreal Convention may also award you special damages, including medical expenses, lost wages, travel costs, and other expenses.
The Montreal Convention does not, however, cover domestic flights within the United States. If you are injured on an aircraft while traveling within the United States, the airline may still have to pay financial damages if the airline breached its duty of care and may be held liable for your injuries. Like other negligence claims, the plaintiff must show that when an injury due to a hazardous condition on the aircraft is reasonably foreseeable, the airline crew has a duty to protect passengers from potential harm.Types of Airplane Accidents
When people think about Florida plane accidents, they would probably imagine a plane crashing down onto the runway or an engine failing in the middle of a flight. Far more frequently, however, are in flight or boarding injuries due to hazards and dangerous conditions onboard the aircraft. Some common hazards include:
- Poorly secured luggage - Loose suitcases and baggage that is not properly secured in the the overhead compartments can fall out on top of passengers. Luggage that isn’t properly stowed underneath the seats may protrude into the aisle, causing people to trip over them as they walk past.
- Embarking and Disembarking the airplane - The boarding and disembarkation process can be chaotic and disorganized on planes. People quickly shuffle on and off the plane with little regard to their surroundings, and accidents can happen.
- Slip and falls in the aisles - During and after meal or snack service, the aisles on a plane can get messy. Spilled drinks, discarded wrappers, and other hazards may be scattered across the aisle, causing you to slip and injure yourself. If you slipped and fell on an airplane, you may have a claim for your personal injuries.
- Meal Cart Injuries - Meal carts are large and clunky, and it takes up the entire space of the aisle. Flight attendants may fail to exercise proper care while pushing the cart through the aisles, and as a result may hit and injure someone. Aisles are narrow and planes can shake or take a sudden move. Hot coffee, tea, and hot meals can easily spill into passengers’ laps and cause burns.
- Strong turbulence and sudden movement - Turbulence may be unavoidable because adverse weather can be sudden and unpreventable. However, the crew should take reasonable measures to ensure the aircraft is free of hazards in the event of sudden movement. Overhead compartments should be secure, aisles should be free of obstructions, and the seatbelt sign should be turned on so that passengers have notice of a present danger.
- Florida plane crash - Oftentimes, planes crash as a result of negligence. The negligence may be pilot error or could be the result of a mechanical failure from poor maintenance, or a defective part.
The Montreal Convention sets a two year statute of limitations that begins to run when the plane arrives at its destination. Because of the time constraints, it is important to file a claim with an airline right away, and get in touch with an attorney as soon as possible. Airplane Injury Attorney Jason Turchin wants to help you get the compensation you are entitled to. Call us now for your free consultation at (800) 337-7755. Our team of Florida personal injury attorneys and friendly staff is looking forward to helping you.Personal Injury on an Airplane
If you were injured on an airplane that landed in or took off from any Florida airport, or if you are a Florida resident injured on an airplane, our Florida airplane injury lawyers may be able to help. We can handle airplane injury claims against most major airlines. Call us at (800) 337-7755 today for a free consultation.