Can I Sue For Airplane Turbulence Injuries?

Air travel is generally safe, but turbulence can cause injuries. Turbulence happens when an airplane encounters unstable air currents, leading to sudden and unpredictable movements. These movements can throw passengers around, causing injuries. If you’ve been injured during turbulence, you might wonder if you can sue for compensation. Here’s what you need to know.

Turbulence Explained

Turbulence is a common occurrence in flight. It usually occurs due to weather conditions, air pressure changes, and jet streams. Pilots and flight attendants are trained to handle turbulence, and modern aircraft are built to withstand it. However, despite these precautions, turbulence can still lead to injuries. Passengers might suffer from bumps, bruises, broken bones, or even more serious injuries if not properly secured.

Injuries from turbulence can range from minor to severe. Common injuries include head injuries, where passengers hit their heads on overhead compartments or other hard surfaces. Sudden movements can cause passengers to fall or be thrown against objects, leading to broken bones. Severe turbulence can result in back and spinal injuries if passengers are not seated properly. Additionally, strains, sprains, and other soft tissue injuries are common during turbulence.

When Is an Airline Liable for Turbulence Injuries?

Airlines are generally not liable for turbulence since it is often considered an “act of God” – something beyond human control. However, there are circumstances where the airline might be held responsible. If the airline or its staff acted negligently, leading to your injury, you might have grounds for a lawsuit. Examples of negligence include situations where the flight crew knew about possible turbulence but failed to warn passengers or take necessary precautions. Giving incorrect or unclear instructions about safety procedures can make the airline responsible for resulting injuries. If the airline failed to properly maintain the seat belts or other safety equipment, and this failure led to your injury, they could be held accountable.

Proving Negligence

To sue an airline for turbulence injuries, you must prove negligence. This involves showing that the airline had a duty to keep you safe, breached this duty through action or inaction, and that this breach caused your injury. Gathering evidence is crucial. This might include medical records that document your injuries and their severity. Fellow passengers or crew members might have seen what happened and can provide valuable testimony. Data from the flight can show if the crew was aware of potential turbulence and how they responded. Aviation experts can explain what should have been done and how the airline failed to act appropriately.

Statute of Limitations

If you plan to sue for injuries caused by turbulence, you must act within a certain timeframe according to the state’s statute of limitations. In California, you typically have two years from the date of the injury to file a lawsuit. Missing this deadline can result in losing your right to seek compensation.

Compensation for Injuries

If you can prove negligence, you might be entitled to compensation. This can cover various damages, including costs for treating your injuries, such as hospital bills, medication, and rehabilitation. If your injuries prevent you from working, you can seek compensation for lost income. Compensation for physical pain and emotional distress caused by the injury is also possible. Additionally, if your injuries require ongoing treatment, you can seek compensation for future medical expenses.

Preventing Turbulence Injuries

While turbulence can’t be avoided, you can take steps to minimize your risk of injury. Keeping your seatbelt fastened at all times, even when the seatbelt sign is off, can prevent injuries during unexpected turbulence. Listen to and follow the safety instructions provided by the flight crew. Ensure all carry-on items are securely stored in overhead bins or under the seat in front of you. Avoid moving around the cabin during the flight, especially when the seatbelt sign is on.

Contact Los Angeles Turbulence Lawyer Samer Habbas

If you or a loved one have been injured during a flight due to turbulence, understanding your legal rights is crucial. You may be entitled to compensation if negligence played a role in your injury. To explore your options, contact the turbulence lawyers at Law Offices of Samer Habbas & Associates, PC by calling 949-727-9300 or contacting us online for a consultation. We can help you determine the best course of action and guide you through the legal process.