Air travel promises adventure, efficiency, and safety to its passengers. You never expect disaster to strike, consequentially leaving you injured. Whether it’s a turbulence-related injury on a commercial flight, a mechanical failure in a helicopter, or a negligent flight attendant – you deserve justice and compensation for any sustained injuries on an airline flight. These are some of the most common injuries suffered on a flight.
Airline Injuries
Unfortunately, airline injuries are more common than we think. We have all seen news headlines of airline employees engaging in unacceptable conduct towards passengers or unexpected turbulence that leaves passengers scared for their lives. It is essential to recognize that airlines have a contractual obligation to ensure passenger safety. Failure to provide safe passage or adequate assistance could result in personal injury. Here are some common commercial airline injuries:
- Turbulence: When a plane is jolted and jerked around due to air turbulence and changes in altitude, passengers can be thrown out of their seats or fall within the airplane. Although turbulence is due to environmental factors, often out of the pilot’s control, it is the responsibility of the pilot and flight crew to warn passengers of possible turbulence and advise them to sit down and fasten their seatbelts. If a passenger is injured due to the failure of a warning, a passenger may be able to claim personal injury against the airline successfully.
- Luggage-Related Injuries: Luggage is often stored in overhead bins above passenger seating. These items are usually bulky and heavy. Injuries caused by falling luggage can be serious and include concussions, herniated cervical discs, broken noses, or knocked-out teeth. The airline staff must ensure all luggage is secured within the overhead bins before takeoff, landing, and during turbulence. Failure to do so can also result in a claim against the airline.
- Hard Landings: The airline must ensure that passengers are kept safe and free of injury. Rough or hard landings that cause sudden impacts due to pilot error or mechanical failures that result in injury can also be considered airline negligence.
- Equipment Malfunctions: Airlines often use third-party manufacturers to supply airplane parts and equipment and perform quality and assurance checks. The airline may be liable if defects or inadequate maintenance result in injury due to faulty equipment, such as malfunctioning seatbelts, seats, or other internal airplane equipment.
- Burns and Scalds: This type of injury usually occurs when hot beverages or food are spilled due to negligence in proper handling and serving, especially during turbulence.
Airline injuries can be a traumatic experience that is often compounded by medical expenses, pain, disability, emotional distress, or loss of enjoyment of life and travel.
Airplane Crashes
Although the odds of plane crashes are low, Boeing reported in their Worldwide Commercial Jet Fleet Statistics Report that from 1959 to 2022 (63 years), there were approximately 1,488 non-fatal accidents and 635 fatal accidents. 300 of those accidents occurred between 2013-2022. The National Transportation Safety Board (NTSB) and the Federal Aviation Administration (FAA) are American government agencies that critically investigate aviation accidents. The NTSB definition of a “major accident” is an accident in which any of the three conditions are met:
- The airplane was destroyed
- There were multiple fatalities
- There was one fatality, and the airplane was substantially damaged
- Substantial damage includes damage or failure of the airplane’s structural strength, performance, or flight characteristics that would require major repair or replacement of the affected component.
Boeing has had its fair share of bad headlines in 2024. In early 2024, a Boeing 737 Max 9 passenger jet lost a rear door midflight, leaving people on board terrified. Rapid decompression of the inner airplane causes a vacuum which may suck items and people out of the hole. This incident cascaded into lawsuits, failed audits, and plummeting customer confidence. Boeing’s reputation was also tarnished by the deadly crashes of its 737 Max 8 jets in 2018 and 2019, further questioning its ability to meet quality and safety standards for its passengers. In 2021, Boeing was ordered to settle over 2.5 billion dollars, and in 2022, Boeing agreed to establish a $500 million fund to compensate the families of those who died.
It is important to note that commercial flight accidents are not the only types of aviation accidents that can occur. Lawsuits can also be brought against manufacturers of small private aircraft, helicopters, and component part makers. These might include rotor blade injuries, equipment malfunctions, fuel exhaustion problems, vacuum pump failures, loose bolts, or improper pilot decision-making. Inadequate training, negligence, or impaired piloting leads to injuries due to poor handling or decision-making.
What should I do next?
Airlines and helicopter operations must care for their passengers, including providing safe transport and warning of potential dangers. The victim must prove that the operator or aircraft was negligent and caused their injury. There are also time limits (statutes of limitations) for bringing an airplane crash lawsuit against the airline. Consulting with a qualified aviation attorney is crucial as critical evidence must be collected and analyzed. Additionally, compliance with aviation regulations and standards set by authorities is often closely examined in these cases.
Knowing your rights and the legal avenues is essential for seeking justice and obtaining compensation. If you or a loved one has been injured on a flight, don’t hesitate to contact Ghuneim Law Firm. We can provide the expertise and support needed to protect your rights and help you secure the compensation you deserve. Ghuneim Law Firm’s legal representation extends to the residents in the Pasadena-Houston Metro area. Call us today at 833-GHU-NEIM or at 281-487-8929 to schedule a free consultation.
References:
Chappell, B. (2024, March 20). How bad is Boeing’s 2024 so far? here’s a timeline. NPR. https://www.npr.org/2024/03/20/1239132703/boeing-timeline-737-max-9-controversy-door-plug
Statistical Summary of Commercial Jet Airplane Accidents. 2022 Boeing Statistical Summary. (2023, September). https://www.faa.gov/sites/faa.gov/files/2023-10/statsum_summary_2022.pdf