In Indiana and Illinois, most of us are well aware of how vital Chicago’s O’Hare Airport is to air travel. Literally dozens of airlines move their planes through that single airport each day. According to the Chicago Airport’s site, it is considered a “megahub” and is the 4th busiest airport in the world (with 79.8 Million passengers moving through O’Hare in 2017).
For Hoosiers, they may opt to fly out of a closer airport than Chicago’s O’Hare. The largest airport in Indiana is operated by the Indianapolis Airport Authority (IAA). The IAA owns and operates not only the Indianapolis International Airport, but includes several nearby facilities in the Indianapolis network, including the Downtown Heliport, Eagle Creek Airpark, Hendricks County Airport-Gordon Graham Field, the Indianapolis Regional Airport and the Metropolitan Airport.
Here in our part of the country, our skies are filled with local, national, and international air traffic. Millions of people choose to be passengers in planes that fly through our facilities each year.
It is important that these airline passengers understand the risks they face for personal injuries during air travel outside of a plane crash.
Increasing Danger of Injury to Airline Passengers
This past week, there was extensive news coverage of three different planes landing in the United States where passengers had to be treated for flu-like illness and symptoms of communicable disease. For details, read Time Magazine’s coverage in an article written by Jaime Ducharme entitled, “Two Airplane Health Scares This Week Were Linked to People Returning From the Hajj in Mecca.”
In April 2018, a Southwest Airlines jet engine blew up during flight, and the Boeing 737 was forced to land within thirty minutes of takeoff. One person died in the incident as she was sucked out of the plane due to decompression from a window broken by engine shrapnel. Seven other passengers were injured. For more, read the local news reports by KXAN.
In addition to these recent media examples, there are other ways that a passenger may be hurt, even killed, during air travel other than being involved in a crash of the plane itself. They include:
- Delays where the passengers must remain on the plane can cause immobility resulting in deep vein thrombosis and pulmonary embolism;
- Baratrauma during flight due to differences in air pressure, which can result in permanent damage including loss of hearing;
- Exposure to serious or deadly diseases including tuberculosis; meningitis; and measles; and
- Trauma from falling luggage or rolling carts during flight turbulence.
Some of these injuries may not be unintentional. Earlier this year, the FBI has issued a warning to all air travelers to beware of the increased risk of sexual assault or rape during commercial air flights. Read the full warning here.
From the FBI release:
Crimes aboard aircraft fall within the FBI’s jurisdiction, and in the case of in-flight sexual assaults, agents describe elements of these crimes as being strikingly similar. The attacks generally occur on long-haul flights when the cabin is dark. The victims are usually in middle or window seats, sleeping, and covered with a blanket or jacket. They report waking up to their seatmate’s hands inside their clothing or underwear.
For details on a specific incident of inflight assault, read the August 2018 coverage in the Chicago Tribune.
Claims for Victims of Inflight Injury During Air Travel
Passengers who sustain any kind of personal injury during their time on board an airplane may have legal claims for damages against the airline (as well as others, depending upon the incident). In-flight injuries can form the basis of serious accident claims.
For instance, what might seem a minor event during flight, the tumbling of a suitcase from an overhead bin onto the head of a seated passenger during air turbulence, may result in serious brain trauma and permanent damage from a traumatic brain injury. Spilled coffee during flight may seem like a minor mistake, but the hot liquid may result in third-degree burns, permanent scarring, and limited use of a hand, wrist, arm, or leg.
Even more serious are the types of incidents described above, where the passenger suffers a physical assault by a criminal and suffers serious (perhaps permanent) psychological trauma, as well as those who are severely harmed by extended delays resulting in blood clots (and stroke or cardiac failure) or exposure to serious diseases like meningitis.
Airline passengers are especially vulnerable to harm during plane travel. As flying remains a popular form of transportation for many Americans, we can expect more and more injuries to happen to individuals while on board a commercial aircraft.
Air Travel In-Flight Injury Claims
Claims for injuries sustained during flight on a commercial airplane are given a different kind of treatment under the law. Commercial airlines are in the business of providing travel accommodations for their customers, and are considered to have a higher duty of care to them. Airlines are “common carriers” under the laws of Indiana and Illinois as well as under federal statute.
While a victim of an in-flight injury will have to establish harm with supporting evidence, the passenger is not required to prove up a standard negligence case against those who caused the harm.
There is a different burden of proof for claims against common carriers. The airlines are held to a higher standard of care regarding their passengers, and if someone is hurt during flight the airline will face scrutiny for its actions.
For more details, see Truitt, R. D. “Plain Talk about Plane Claims: An Air Carrier Claims Examiner’s Handbook.” J. Air L. & Com. 80 (2015): 449.
In our next post, we will delve into more details regarding in-flight injuries and how airlines are responsible for keeping passengers safe from harm.
If you or a loved one plan to travel by air during this holiday season, please be aware of the risks associated with air travel. Let’s be careful out there!
