Turbulence, the unexpected and often sudden shifts in air movement surrounding a plane, can turn a routine flight into a frightening experience. When the resulting jolts lead to injury, many passengers wonder whether they can hold the airline responsible.
Understanding the legal landscape surrounding such incidents is helpful for anyone who finds themselves or their loved ones in this unfortunate situation.
When does liability arise?
Airlines operate under a complex web of national and international laws that outline their responsibilities to passengers. Generally speaking, they must do everything within their power to ensure passenger safety. This includes providing seat belts and instructing passengers on when to use them.
However, not all turbulence-related injuries lead to successful claims. The outcome often hinges on whether the airline’s actions amount to negligence. For instance, the airline might be responsible if the flight crew does not warn passengers of known turbulence or fails to secure the cabin properly.
What should one do?
If someone experiences physical harm due to turbulence, several steps can help protect one’s rights. The first step is to seek medical attention immediately and document any injuries. Next comes reporting the matter to the airline, thus ensuring they are aware of the mishap. Also, it is wise to gather contact information from witnesses. Firsthand accounts can strengthen a case immeasurably.
Understanding the limits
Note that the Montreal Convention restricts the circumstances under which passengers may hold airlines liable for accidents, including injuries resulting from turbulence. This international treaty also caps the amount of compensation passengers can receive. Since these rules vary by country, exceptions might apply.
While suing remains possible, one must prove carelessness on the airline’s part. The right decisions after a midflight incident should vastly improve the chances of triumphing in court.