Despite well-publicized accidents, flying really is the safest way to travel. There were 29 fatal airplane crashes in 2013 versus 30,057 fatal car crashes in the same year. However, that doesn't mean people don't get injured during the flight. According to the FAA, turbulence is the leading cause of injuries to passengers and crew. If you're hurt as the result of in-flight turbulence, you may be able to collect compensation for damages you suffer as a result. Here's what you need to know about this type of situation.
Turbulence is Considered an Act of God
It's important to note upfront that turbulence is considered an act of God because it's caused by uncontrollable environmental forces, such as wind and weather events. This means the airline cannot be held liable for accidents caused by turbulence itself. Even if, in the rare instance, the plane crashes as a result of in-flight turbulence, you likely wouldn't have a case against the airline for damages.
However, you can collect compensation for injuries caused by the crew's failure to adhere to proper safety precautions when the plane hits a rough patch in the air. Aided by modern-day technology such as radar and communication from other planes, pilots can reasonably predict when turbulence will occur. If the pilot fails to warn passengers about the issue, then people who are thrown around because they don't have their seatbelts on could sue the airline for medical bills and other losses they suffer if they're hurt as a result.
Collecting for Other Injuries
In addition to being jostled violently during turbulence, passengers can also suffer injuries from falling suitcases and other debris. So you may have a case against the airline if the crew fails to secure the overhead bins and a bag falls out during a rough patch that injures you.
However, you have to be careful with this type of situation because the fault may not always rest with the crew. If another passenger opens the bin during turbulence before the crew can stop him or her and something falls out on top of you, then the airline may be able to escape liability since the fault falls on a third party.
Another situation you could run into is if the latch on the bin malfunctions because of a manufacturer's defect. While the airline may be on the hook for damages for not catching the defect during safety inspections, you may have to sue the manufacturer of the bin if the trouble occurs spontaneously.
For more information about collecting damages for injuries caused by in-flight turbulence or help litigating a case, contact a personal injury attorney. Visit http://www.noblelegalservices.com for more information.
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