Injured on an Airplane?
Air travel is generally safe, but passengers are hurt every year by preventable mistakes on board: bags falling from overhead bins, beverage carts striking passengers in the aisle, scalding drinks spilled by crew, and injuries during boarding and deplaning.
The Injury Advocates represents travelers across Broward, Miami-Dade, and Palm Beach counties who were injured on airplanes because of negligence, including passengers flying in and out of Fort Lauderdale-Hollywood, Miami, and Palm Beach international airports. Airline injury claims follow different rules than most injury cases, and the type of flight you were on can change everything.
International and Domestic Flights Follow Different Rules
If your trip was international, including a domestic leg of an international itinerary, your claim is generally governed by an international treaty called the Montreal Convention. Under it, an airline is responsible for proven damages from an injury caused by an “accident” on board or while boarding or deplaning, up to 151,880 Special Drawing Rights (an international currency unit whose dollar value changes daily). Above that amount, the airline can avoid liability by proving the injury was not caused by its negligence or was caused only by a third party. Courts define an “accident” as an unexpected or unusual event external to the passenger, so not every injury on a plane qualifies. Claims under the Convention generally must be filed within two years.
On domestic flights, claims are generally governed by state negligence law, although federal aviation rules can affect what safety standards apply. In Florida, most negligence claims must be filed within two years.
Common Airplane Injury Cases
What to Do After an Injury on a Flight
Tell a flight attendant right away and ask that an incident report be made. Take photos of the scene and your injuries, get the names and contact information of witnesses, and keep your boarding pass, itinerary, and receipts. Get medical care as soon as you can, and keep records of every visit.
Then call us for a free review. We can help determine which rules apply to your flight and what deadlines you face.
Related Pages
After an injury on a flight, the airline and its insurer will start building their side of the story right away. We gather the evidence, identify which rules apply to your trip, and pursue the full value of your claim.
Why Injured Travelers Choose The Injury Advocates
Often, yes. Injuries from bags falling out of overhead bins are among the most common airplane injury claims. Whether the airline is responsible depends on what happened, the type of flight, and which law applies. On international flights, the Montreal Convention can make it easier to recover for an injury caused by an accident on board.
Yes. International trips, including domestic legs of an international itinerary, are generally governed by the Montreal Convention, which has its own rules, limits, and a two-year deadline. Domestic flights are generally governed by state negligence law.
Nothing up front. Your consultation is free, and we handle injury cases on a contingency fee basis, which means our fee is a percentage of the money we recover for you. If we do not win your case, you owe no attorney’s fees and no case costs.
