Airline Negligence and Injuries During Flights

Air travel is routine for millions of people each year, but accidents still happen when airlines do not meet their duty of care. Airline negligence and injuries during flights can affect passengers in both small and serious ways, from minor discomfort to life-altering harm.

At Recovery Law Center, we help airline passengers understand their rights when injuries occur in the air. Our approach is to keep the process clear and practical so that injured passengers can focus on recovery while knowing the legal process is handled.

Whether the incident happened on a short domestic trip or during international air travel, the law provides options for holding airlines accountable. When an airline fails to act responsibly, it may be liable for medical expenses, lost income, and other damages. Understanding how these cases work can make the difference between a denied claim and fair compensation.

Do You Know How To Sue an Airline for Negligence?

Commercial airlines are common carriers, meaning they must uphold a higher duty of care to protect their passengers and keep them safe. The entire company and all employees, including flight personnel, have this responsibility.

If an airline or its employees fail to uphold their duty of care and injuries result, they may be liable for the damage caused by their negligence. The attorneys at Recovery Law Center have experience recovering compensation for injured airline passengers.

What Is Turbulence?

Injuries resulting from turbulence often make the news. Irregular air currents can cause moderate to severe altitude or angle shifts. Passengers describe turbulence as feeling like bumpiness or choppiness.

Turbulence intensity varies by several degrees:

Light: Aircraft may rise or drop around 1 yard of altitude.
Moderate: The rise or drop increases to 3 to 6 yards, and mild airspeed changes may occur.
Severe: Rapid changes can cause rises or drops of up to 32 yards, and pilots may lose control briefly.
Extreme: The turbulence violently shakes an aircraft, leaving pilots unable to control it.

While passengers probably won’t notice light turbulence, they definitely feel more substantial shifts. There are many potential causes of turbulence, including:

Storms
Flying over mountain ranges
Jet streams
Atmospheric pressure
Warm or cold weather fronts

The cause of the turbulence may determine how long it lasts. Pilots can often predict turbulence and may try to avoid it, although that’s not always possible. Turbulence is invisible and can happen suddenly.

What are the Common Causes of Passenger Injuries?

Passenger injuries during flights can happen for a variety of reasons, many of which are preventable when proper safety measures are followed. Below are some of the most common situations that may lead to harm and potential airline liability.

Severe turbulence: It can throw passengers and flight attendants off balance, leading to head injuries, broken bones, or other serious injuries when seat belts are not fastened.
Falling luggage from overhead bins: This often occurs when bins are overloaded or not secured by airline personnel, causing potential head and neck injuries.
Slips and falls in aisles: Spilled drinks, food, or loose items can create hazards that lead to sprains, fractures, or other harm during the flight.
Faulty cabin equipment: Broken seats, malfunctioning tray tables, or defective latches can cause injuries and may lead to a product liability claim.
Unsecured galley or service items: Carts, hot liquids, or catering containers, not properly stored, can injure passengers or other crew members.
Failure to warn passengers of hazards: Not providing timely instructions during turbulence or emergencies increases the risk of preventable injuries.
Unsafe passenger behavior: Actions by other passengers, such as removing items from bins unsafely, can cause harm if airline personnel do not intervene.

Each of these situations can form the basis for negligence claims if the airline fails to meet its duty of care.

What is Airline Liability and Duty of Care?

Airlines owe passengers a high duty of care because passengers rely entirely on them for safety while in flight. This means the airline must follow safety regulations, train its flight crew properly, and protect passengers from foreseeable harm.

The Federal Aviation Administration FAA sets clear rules on safe operations, cabin procedures, and equipment maintenance. If an airline fails to meet these standards and passengers sustain injuries, the airline may be held responsible. Understanding airline liability involves looking at whether the airline had a legal duty, failed to meet that duty, and caused the injury.

Personal injury claims often rely on evidence like flight crew reports, witness statements, and maintenance logs. On domestic flights, state law usually governs the process. On international flights, liability limits and rules under the Montreal Convention apply. In either case, passengers injured due to negligence may seek compensation for medical expenses, lost income, and emotional distress.

How do You Prove Liability in Airline Injury Cases?

Proving liability in airline injury cases involves showing that the airline had a legal duty to:

Protect passengers
Failed to meet that duty
Caused the injuries sustained

This often requires a detailed review of the events before, during, and after the incident. Evidence may include reports from the flight crew, witness statements from other passengers, photos of the scene, and maintenance logs.

In some cases, safety violations documented by the FAA can strengthen negligence claims. For example, if overhead bins were not properly secured or turbulence warnings were not given, this can indicate that the airline failed to protect passengers.

In product liability claim situations, evidence may include manufacturer records or defect reports. The legal process can be complex, especially for international flights covered by the Montreal Convention.

A personal injury attorney can help gather the proper documentation, identify responsible parties, and present a case that meets both legal and procedural requirements.

Liability Limits and International Treaty Rules

For international flights, the Montreal Convention sets liability limits for specific injury claims. Under these rules, airlines are automatically liable for proven damages up to a set amount without requiring proof of negligence. If passengers can prove negligence, there may be no limit on compensation. These rules apply to injuries sustained during boarding, flight, and disembarkation.

Domestic flights do not have the same treaty-based liability limits, but airlines must still follow federal regulations and state negligence laws. Understanding these differences is critical in both domestic and international airline injury cases.

A personal injury attorney can explain how liability limits affect a case and whether proving liability can help recover additional damages. The goal is to make sure passengers injured during international air travel receive fair compensation under the correct legal framework.

The Role of the Federal Aviation Administration

The Federal Aviation Administration plays a central role in protecting passengers. The FAA issues safety regulations for airlines, covering everything from turbulence procedures to overhead bin safety. It also oversees airline employee training to make sure flight attendants and other personnel know how to protect passengers. Airlines that violate FAA safety regulations may face fines, penalties, or legal claims.

The Federal Aviation Administration FAA also investigates accidents and in-flight injuries to determine whether federal regulations were followed. When airlines owe a legal duty to passengers and fail to meet it, the FAA’s findings can be important evidence in negligence claims.

For passengers, knowing that the FAA monitors safety can be reassuring, but it is not a guarantee that all airlines comply fully. This is why passengers injured during flights should still take steps to document the incident, seek medical attention, and speak with a personal injury lawyer to understand their options.

What are the Types of Compensation for Injured Airline Passengers?

Passengers harmed due to airline negligence may be entitled to several forms of compensation. The categories below outline the most common types of recoverable damages in airline injury cases.

Medical Expenses

Compensation can cover the cost of emergency treatment, hospital stays, surgery, medication, and follow-up care. This includes both immediate and long-term medical bills related to the injuries sustained during the flight.

Lost Wages and Lost Income

If an injury prevents a passenger from working, they may claim lost wages for the period of missed work. In cases where the injury impacts future earning ability, claims may also include loss of future income.

Permanent Disability and Long-Term Care

When injuries lead to a permanent disability, compensation may extend to home modifications, mobility aids, or ongoing rehabilitation. These costs address the passenger’s long-term quality of life needs.

Emotional Distress

Emotional distress, such as anxiety, depression, or post-traumatic stress following the incident, may be compensable. Documentation from mental health professionals can support these claims.

International Flight Liability

Under the Montreal Convention, passengers on international flights can recover damages up to a set limit without proving negligence. If negligence is proven, additional compensation beyond the liability limits may be available.

Future Medical Costs

Some injuries require ongoing treatment or future surgeries. Passengers can claim estimated future medical expenses as part of their total compensation request.

What Should You Do if You Sustain Injuries on an Airplane?

Your first priority after sustaining an injury is your health. However, you can also take some steps to prepare for a potential personal injury claim.

Notify a flight attendant.

Flight attendants can provide first aid. They can also notify the airport if your injuries are serious and you’ll require an ambulance when your flight lands. This also puts your incident on record.

Gather evidence

Use your phone to take photos and make notes of the following:

Your injuries and those of the surrounding people, if applicable
What caused your injury
Passengers and flight attendants who saw your accident happen
Witness statements
Your account of the events leading up to your injury

Your attorney will use the evidence you gather when building your case.

Accept medical attention

Whether it’s first aid on the plane or seeking a medical examination on the ground, you need to obtain an immediate medical assessment. Trained personnel may spot injuries you’re not aware of. In addition, they’ll make a record of your condition that your lawyer will use as evidence.

Contact an attorney

An experienced personal injury attorney can provide information and legal advice after your injury. Recovery Law Center can also:

Prepare and submit paperwork
Investigate the incident
Speak to the insurance company or airline representatives on your behalf
Negotiate a favorable settlement or take your case to trial if needed

Insurance companies are not on your side. People with legal representation typically obtain more compensation for their injuries than those without.

Do You Need Help Suing an Airline for Negligence in Hawaii?

If you need to claim compensation for an injury sustained on an airplane, you’ll benefit from having competent legal representation. The award-winning team at Recovery Law Center focuses exclusively on personal injury law, and we have successfully handled many injury claims over the decades brought by visitors to Hawaii.

You won’t pay any fees until Recovery Law Center wins your case. Contact us 24/7 for a free consultation by calling (808) 427-3088, using our live chat, or completing our contact form.

FAQs About Airplane Turbulence

What damages can you recover if you or a loved one sustained injuries due to turbulence?

Every incident is different, but you may be able to receive compensation for medical bills, lost wages, pain and suffering, anxiety, depression, PTSD, and other damages. The amount you may obtain varies. Ask Recovery Law Center how much your case is worth.

Do pilots have to fly through turbulence?

Minor turbulence is typical for any flight, even in clear air. If pilots can avoid turbulence, they typically will by descending below or climbing above areas of disturbance.