air travel relatively safe, injuries of all sorts can occasionally happen. In most
cases, passengers might suffer harm in-flight because of turbulence, by
falling luggage in the overhead bin, or by falling or tripping moving
about the cabin. Depending on the circumstances surrounding your injury,
you may be eligible to file a
personal injury lawsuit against an airline.
In general, any claim for an injury involving airline liability is based
on negligence or product liability. According to common carrier liability,
an airline is held to a higher standard of care compared to other businesses
when it comes to negligence. If any issues with the aircraft results in
your injuries, the airline, and the manufacturer can be held liable in
a product liability claim.
In a negligence claim, the victim is required to prove that the defendant
must provide a reasonable duty of care according to law, the defendant
failed to exercise such care, and this negligence results in the plaintiff’s injuries.
Airlines and airline employees can be negligent by doing the following:
- Employees doing something
- Employees failing to do something
- Failing to adequately train employees
- Have policies which don’t properly protect passengers
If you suffered an injury caused by a defective aircraft or equipment,
you can file a product liability claim. For instance, if a design defect
leads to an overhead bin latch to come loose that causes luggage to fall
on you, you may have a claim against the manufacture of the overhead bin.
If you were harmed on an international flight, where the flight originated
may determine which court has jurisdiction over your case. But no matter
if you were injured on an international or domestic flight, you need to
consult with a personal injury attorney who can thoroughly review your
case and file the lawsuit on your behalf. Furthermore, the Federal Aviation
Agency offers resources for passengers looking to file a complaint.
For more information about aviation accidents,
contact our New York City personal injury attorney at
Lurie, Ilchert, MacDonnell & Ryan LLP. Get more than 50 years of legal experience on your side today.