Fort Lauderdale-Hollywood, Miami, and Palm Beach international airports handle tens of millions of passengers a year. Most flights are uneventful. But every year, passengers are hurt on board in ways that were preventable: a bag slides out of an overhead bin, a beverage cart clips a knee in the aisle, hot coffee spills in a lap, or the crew fails to secure the cabin before turbulence hits. These injuries can mean concussions, fractures, burns, and back injuries. Who pays depends on a question many passengers never think to ask: was the flight international or domestic?
Why the Type of Flight Decides the Rules
International flights. If your ticket covered travel between two countries, or your itinerary included an international leg, your claim is governed by a treaty called the Montreal Convention. Under Article 17, the airline is liable for a passenger’s bodily injury caused by an “accident” on board the aircraft or while boarding or getting off. For damages up to 151,880 Special Drawing Rights (an international unit set by the International Monetary Fund, worth roughly $200,000 depending on exchange rates), the airline cannot defend by saying it was careful. Above that amount, the airline can avoid liability only by proving the injury was not caused by its negligence or was caused solely by someone else.
Courts define an “accident” as an unexpected or unusual event external to the passenger. A bag falling from a bin, a cart striking a passenger, and a scalding spill are classic accidents. An injury caused only by the passenger’s own medical condition generally is not.
Claims under the Convention must be filed within two years of the aircraft’s arrival or scheduled arrival. That deadline cannot be extended.
Domestic flights. A flight from Fort Lauderdale to Atlanta is governed by ordinary negligence law, usually Florida’s. You must show the airline or its crew failed to use reasonable care: a flight attendant who did not check that bins were latched, a cart pushed carelessly, a cabin not secured before expected turbulence. Federal aviation rules can set the standard of care. Florida’s deadline for most negligence claims is two years under section 95.11, Florida Statutes.
Common In-Flight Injuries
- Falling luggage. Overhead bins open on landing, during taxi, or after a passenger forces a bag in. Head and shoulder injuries are common.
- Beverage and service carts. A 200-pound cart rolling down a narrow aisle can injure knees, elbows, and feet, especially on aisle seats.
- Hot drinks. Coffee and tea served near boiling, handed over a passenger, or spilled during turbulence cause second-degree burns.
- Turbulence. The NTSB has found turbulence to be the leading cause of injuries on U.S. airlines in non-fatal accidents. Many turbulence injuries involve passengers who were not warned to buckle up or crew still working the aisle.
- Boarding and deplaning. Falls on jet bridges, boarding stairs, and in the gate area, and injuries during emergency evacuations.
- Medical emergencies. A crew that fails to respond properly to an in-flight medical emergency can be liable for the harm that follows.
What to Do After an Injury on a Plane
- Tell a flight attendant right away and ask that an incident report be written. Get the names of crew members.
- Photograph the bin, cart, spill, or hazard, and your injury.
- Get the names and seat numbers of nearby passengers who saw what happened.
- Keep your boarding pass, itinerary, and receipts. They prove which flight, which airline, and whether the trip was international.
- Get medical care as soon as you land, even if the injury seems minor. Head injuries and burns often worsen.
- Do not sign anything from the airline or accept vouchers in exchange for a release before talking with a lawyer.
What You Can Recover
Medical bills, lost income, and, where the facts support it, pain and suffering. On international flights, the Convention allows recovery of proven compensatory damages but not punitive damages.
How The Injury Advocates Can Help
We handle airplane injury claims for travelers across South Florida. We identify whether the Convention or state law governs your trip, preserve the incident report and witness information before it disappears, and deal with the airline’s claims department so you do not have to. Your consultation is free, and you owe no fees or costs unless we win.
Frequently Asked Questions
Can I sue an airline for a bag that fell on me?
Often, yes. On an international flight, a falling bag is an “accident” under the Montreal Convention and the airline is liable for proven damages. On a domestic flight, you must show the crew was careless, for example by not checking the bins.
How long do I have to bring a claim?
Two years. Under the Montreal Convention the clock runs from the arrival date and cannot be extended. Under Florida law, most negligence claims must be filed within two years of the injury.
What if the flight was domestic but part of an international trip?
The Convention generally applies to every leg of an international itinerary, including a domestic connecting flight.
Related: Learn more about our airplane injury practice.
Kweku Darfoor is the founder of The Injury Advocates (Darfoor Law Firm, P.A.) and a Florida personal injury attorney with more than a decade of experience representing seriously injured people and their families. This content is for general information and is not legal advice.
