In-flight Injuries To Plane Passengers
Personal injury claim allows for recovery when a person is injured because of a tort or wrongful act of another that results in a harm or loss which entitled the injured party to compensation or damages based on a theory of liability.1 Typically, personal injuries with regards to transportation accidents are focused on those that involve pedestrians, bicycles, motorcycles, or automobiles. However, despite the relative safety of air flights, accidents while aboard a plane do occur which entitle the injured party to recover for any losses sustained while on the commercial airline which is recognized as a common carrier or public transportation service.2
The Basics Behind Aviation Accidents
Most serious injuries while on a plane occur due to a collision or rapid deceleration brought on by pilot error, faulty equipment, Federal Aviation Administration regulations violations, the plane’s structural or design problems, negligence of flight service station employees, negligence of federal air traffic controllers, or negligence of other personal aboard or preparing the plane for flight such as ground controllers or flight attendants.3
The cause of the accident also influences what theory of liability, such as negligence or product liability, a person can recover under as well as what parties may be held liable. Some of the most common liable parties include the owners or operators, pilot, manufacturers, maintenance suppliers, and in some instances federal government entities who failed to meet their regulatory responsibilities.4
Damages against any party found liable for the accident or injury are similar to that of any other personal injury lawsuit. There can be both punitive and compensatory damages which include past and future medical expenses, lost wages, lost earning capacity, past and future pain and suffering, and emotional distress.5
Aviation Accident Injuries
Recovering damages in an aviation accident is a unique matter because of the classification of airlines as common carriers. A common carrier is any business which transports people or goods from one place to another for a fee and as a result are subject to particular regulations and safety standards.6 This means that an airline has a special duty to secure the safety of travels by exercising vigilance in every aspect of air travel including the operation, maintenance, inspection, loading, and boarding of the plane.7 The conduct of flight personal effects the theory of liability used to recover, for instance, a faulty engine would justify a product liability claim where unsecured luggage would warrant a negligence claim. In most instances, aviation accidents are related to turbulence problems in combination with unsecured baggage or the share force turbulence places against a passengers head, back, or neck.
Contact An Experienced St. Louis Personal Injury Attorney For A Free Consultation
If you have suffered some form of loss or harm as a passenger on a plane, then you may be entitled to recover compensation through a civil action which is why it is important to discuss the circumstances of your injury with an experienced personal injury attorney who can help to protect your legal rights and interests. To contact a personal injury attorney for a free consultation please feel free to call The Bruning Law Firm at 314-735-8100.