Who Is Liable if I Get Injured on an Airplane?
Air travel is a relatively safe option for transportation, and most airline companies are very diligent in their safety procedures. Their job is to ensure that their employees keep their passengers safe and taken care of. However, injuries do occasionally occur during flights. Anyone who is injured during a plane ride should know their rights and understand who is responsible for the incident. Whether it’s the airline or the airline’s employees’ fault, you will have to work through some complicated legal questions to determine the damages you can recover.
How Do I Determine Who Is Liable?
Airlines are governed by the Federal Aviation Act, which requires that air carriers exercise a high standard of care for their passengers and customers. Even though an airline is responsible for any kind of negligence on the part of its employees, it is not an insurer of a passenger’s safety. The airline’s main requirement is to do everything in its power, under the circumstances, to prevent injuries from happening during any of its flights. However, an injury alone is not enough to claim that an airline was negligent; you’ll have to prove that the airline was at fault.
What Is an Airline Liable for?
An airline must be watchful during all aspects of operation of flights, including the maintenance, inspection, loading, and boarding of the aircraft. This means that the airline is liable for any injuries sustained during your walk to the restroom or the exit, and they will be liable for any injuries caused by overloading the aircraft with excess luggage or passengers. As an injury victim, you can place additional liability on the pilot in command, who is responsible for knowing all information regarding the flight, such as weather or other dangerous conditions that can lead to injuries on board. Not all forms of turbulence are easy to predict, but the pilot is responsible for checking to see how turbulence will affect the flight path.
Other parties can possibly be held responsible, such as the manufacturer, seller, or repair company for an aircraft or its equipment. You can claim that these parties are liable if you believe your injury was caused by a defect or malfunction of the aircraft, but you’ll need solid evidence to prove this.