Injuries in the Air: Can You Sue for Turbulence Related Injuries?
Turbulence is frightening. One second you are resting comfortably, and the next your plane jolts violently, causing you to fly out of your seat or be flung against the restroom door. By the time the captain gets on the intercom to apologize, you could have suffered significant injuries.
Turbulence is caused by dramatic shifts in airflow. Although modern planes are designed to withstand significant turbulence, thousands of passengers are hurt every year. According to scientists, air turbulence is getting worse because of climate change, so more flights will be affected in the coming years. Call Pita Weber Del Prado to discuss if you have a legal claim. You might be able to sue the airline for medical bills, pain and suffering, and other damages.
When You Can Hold the Airline Responsible
Airplane passengers can be hurt by turbulence in the following ways:
- Flying up and slamming your head into the overhead compartment;
- Getting struck by falling items, including lugging falling out of the overhead bins;
- Being hit by an unrestrained passenger who slams into you;
- Burned by hot coffee which splashes in your face;
- Suffering soft tissue injuries due to lap belts.
Passengers can suffer fractures, concussions, burns, and contusions during turbulent episodes. The violent jolting can send them to the hospital as soon as the plane lands.
Airlines are not responsible for the weather, so you cannot sue simply because turbulence happened on your flight. And although technology for spotting turbulence has improved over the decades, it simply isn’t possible to avoid all turbulence.
However, you might have a solid injury claim depending on what the airline did or did not do. Pilots must show a level of skill while flying. Also, the plane should be well maintained to withstand turbulence and protect passengers.
You might have a legal claim if the pilots intentionally flew into turbulent air which was avoidable. Most pilots try to avoid visible thunderstorms, which are very dangerous. Pilots also receive warnings from the ground about turbulent air other planes have entered. If the pilot flies into the storm for no valid reason, then injured passengers might be able to sue.
If the pilot knew you were entering turbulent air, they should warn passengers by putting on the seatbelt sign. Some turbulence is unavoidable, and the best a pilot can do is warn passengers. Pilots who forget this step could be liable if you are injured when not strapped in.
Also, the plane’s seat belts should be in good working order. Suppose the seatbelt fails to keep you restrained because it is worn out. You could sue the airline in that situation because the plane is dangerous.
Call Us to Speak with a Miami Plane Accident Lawyer
Flying the friendly skies should not send you to the emergency room. If you are hurt in a turbulence episode, contact Pita Weber Del Prado. We are a personal injury firm which is committed to making a difference in our clients’ lives. Schedule a free consultation with a Miami aviation accidents lawyer.
Source:
usatoday.com/story/travel/airline-news/2024/05/21/turbulence-deaths-climate-change/73787876007/
