More and more news stories are reporting serious or fatal accidents involve air travelers, where passengers are hurt in-flight in a variety of ways. As discussed in our last post, this can include all sorts of scenarios, from exposure to deadly diseases to bodily injury from falling suitcases or even decompression due to exploding engine parts.
Traveling by air is a very popular form of transportation. It is fast: the speed of getting from place to place is a major benefit to air travel. It’s often budget-friendly: ticket prices may offer an economical alternative to other modes of travel. However, with all its rewards, air flight also comes with its own unique risks.
Vulnerability of Air Travel: Passenger’s Confined Space
Regardless of flying coach or first-class, commercial airline passengers must all face spending a significant amount of time in an extremely confined space. The plane itself is a confined space, of course. Within it, seats can be jammed together; aisles are narrow; bathrooms are tiny.
The dangers to passengers within the plane’s confined space must be considered and addressed by the airline. This is part of the duty of care as a “common carrier.”
Airline is a Common Carrier
Under federal law as well as the laws of both Illinois and Indiana, airlines are held to a higher duty of care than other commercial enterprises. The Federal Aviation Administration (FAA) oversees the safety of American skies through regulation of all carriers that fly commercially in U.S. air space. FAA regulations establish that airlines are to be considered “common carriers.”
In Illinois and Indiana, both state statute (e.g., the Illinois’ Common Carrier Liability Act) and case precedent define the requirements of airlines as “common carriers” insofar as keeping plane passengers safe from harm.
The Duty of a “Common Carrier”
Common carriers are businesses providing transportation for profit (air, bus, train) and under the law, they are held to a higher duty of care towards their customers because they have been entrusted with the customer’s safety as part of their travel service.
As a “common carrier,” airlines are legally bound to make sure that everything involved in their business operations is safe for customers (and guests). This includes everything from safely boarding the plane to having proper maintenance and inspection of the plane before flight.
The airline must hire responsible and knowledgeable personnel (from plane mechanics to pilots) and take care that employees are effectively caring out their duties. The pilot must make sure to minimize risk by studying weather conditions before take-off, for instance. Bad weather not only means a higher risk of crashing, it also increases the likelihood of in-flight injuries during turbulence.
This higher duty of care for the passenger begins from the time they enter the plane until they disembark. There are few exceptions to the airline’s duty here; however, things like an Act of God or an unforeseen incident may be valid defenses to any claims for damages if injuries occur.
As a common carrier, this higher duty of care includes:
- Buying the proper vehicles (planes, other transport);
- Buying the proper equipment (seats, trays, carts, bins, etc.);
- Hiring proper employees for the tasks required (including pilots, attendants, ground crew, mechanics, etc.);
- Training employees as needed;
- Continuing education of employees as needed;
- Establishing safety policies;
- Monitoring to make sure that safety policies are followed in flight;
- Maintaining all vehicles and equipment;
- Repairing vehicles and equipment;
- Following all state laws and regulations; and
- Following all federal laws and regulations.
Others with Duty of Care for Airline Passengers
When someone is injured in-flight, the airline operating the plane may be only one of several parties to whom legal liability rests. If the accident involved faulty equipment, for instance, then the product’s manufacturer, seller, and/or distributor may be liable under product liability law.
Complexities of International Air Travel
As a “common carrier,” the airline is responsible for making sure passengers are safe during their time on the plane. However, things may be complicated if the passenger was hurt during an international flight.
In these situations, not only where the flight began (e.g., Chicago’s O’Hare) as well as where it landed (e.g., Paris’ Charles de Gaulle) may decide whether or not our state and federal laws or the laws of the foreign country apply to the accident claim.
International air travel brings with it the complication of initially determining the jurisdiction applicable to the injury claim.
Airline Passenger Claims for In-Flight Injuries
Plane crashes are horrific and often result in multiple wrongful death claims brought by grieving loved ones. However, an increasing number of serious accident claims are being made against airlines for injuries sustained in-flight where no plane crash is involved.
As “common carriers,” these airlines owe their passengers a duty of care to keep everyone safe during their journey. Anyone injured in a flight needs to know their rights as a passenger. Negligence on the part of the airline, its employees or agents, as well as manufacturers and distributors of products associated with that flight may result in legal liability to passenger victims.
Victims of in-flight injuries can file claims for damages against the airline carrier and others. These claimants must show fault through facts establishing how the carrier’s duty of care was breached and caused their injuries. Supporting documentation here can include anything from meteorological data, to flight plans, pilot employment records (as well as other employees, including ground personnel and flight attendants), and plane maintenance logs.
Please be aware of the risks of serious injury from an in-flight accident during air travel. Let’s be careful out there!
