Air travel is generally one of the safest modes of transportation—but when something goes wrong mid-flight, the consequences can be sudden and severe. Passengers injured during turbulence or in-flight incidents often face unexpected medical expenses, emotional trauma, and long recovery periods. Many wonder: Do I have a legal case against the airline?
The answer depends on the details. Not every incident results in liability, but when negligence, poor training, or equipment failure play a role, passengers may be entitled to compensation. In this guide, we’ll break down when you can file a personal injury claim after an in-flight injury, what the legal process involves, and how to protect your rights.
How Turbulence and In-Flight Incidents Cause Injury
Turbulence is the leading cause of in-flight injuries, especially to passengers who aren’t wearing seatbelts and flight attendants moving through the cabin. However, it’s not the only risk.
Common causes of in-flight injuries include:
- Sudden, severe turbulence
- Falling luggage from overhead bins
- Scalding liquids spilled by crew or passengers
- Trips or falls in the aisle
- Malfunctioning seats or tray tables
- Collisions with service carts
- Inadequate medical response to passenger emergencies
While some injuries may be truly unavoidable, many result from preventable hazards or poor decision-making by airline personnel.
When Is an Airline Legally Liable?
To hold an airline responsible for a passenger injury, you must prove that the airline breached its duty of care and that this breach caused your harm. This falls under common carrier law, which holds airlines to a higher standard of safety and care than most businesses.
Airlines may be found negligent if they:
- Failed to warn passengers about anticipated turbulence
- Allowed passengers to move about the cabin during unstable conditions
- Improperly stored overhead luggage
- Did not maintain equipment or seating safely
- Failed to assist with medical care
- Ignored FAA safety regulations
In contrast, injuries caused solely by unexpected or unforeseeable turbulence (what the FAA calls “clear air turbulence”) may not result in liability—unless the airline failed to act reasonably once the danger was known.
What About International Flights?
If your injury occurred during an international flight, your claim may fall under the Montreal Convention, an international treaty that governs airline liability. This treaty covers:
- Bodily injury or death that occurred onboard the aircraft or while boarding/disembarking
- Delayed or lost baggage
- Flight delays that result in economic loss
Under the Montreal Convention, airlines are strictly liable for injuries up to a certain financial threshold (currently around 128,821 Special Drawing Rights, which equals roughly $170,000 USD). Beyond that, the airline must prove it wasn’t negligent to avoid paying more.
This means passengers on international flights often have an easier path to recovery—provided they follow strict procedures and deadlines for filing their claim.
What to Do Immediately After an In-Flight Injury
Whether your injury happened on a domestic or international flight, your actions in the moments and days that follow are critical. Here’s what to do:
Seek Medical Attention
Ask for immediate medical assistance onboard. Once you land, visit a hospital or your physician to assess the injury and begin documentation.
Report the Incident
Notify a flight attendant or gate agent as soon as possible. Be sure the incident is formally documented, and request a copy of the report for your records.
Gather Evidence
- Take photos of the scene (if possible)
- Get contact info from witnesses
- Note the names of flight attendants who responded
- Save your boarding pass and ticket information
Preserve Medical Records
Keep all treatment documents, prescriptions, and follow-up care notes. These will support your claim for damages later.
What Damages Can You Recover?
If the airline is found liable, you may be eligible to recover compensation for:
- Emergency and ongoing medical costs
- Lost wages from missed work
- Pain and suffering
- Emotional distress (particularly in traumatic incidents)
- Loss of mobility or long-term impairment
- Travel expenses related to your recovery
In rare cases involving gross negligence—such as failure to secure a known safety hazard—punitive damages may also be available.
Filing a Personal Injury Claim Against an Airline
Airline injury cases involve more complexity than the average slip-and-fall. The airline industry is governed by both federal regulations and international treaties, meaning your attorney must understand aviation law and procedural requirements.
Here’s how the process typically unfolds:
Case Evaluation
A personal injury attorney will review the flight details, injury records, airline reports, and passenger accounts to determine if negligence can be established.
Notice and Claim Filing
For international flights, the Montreal Convention requires claims to be filed within two years of the incident. Domestic flights fall under state-based statutes, which vary—but are often two or three years.
Negotiation with the Airline or Insurance Provider
Most airlines prefer to settle valid claims before trial. Your attorney will negotiate for fair compensation while preparing to litigate if necessary.
Litigation, If Needed
If negotiations fail, your legal team may file a lawsuit in state or federal court, depending on the details of the case. Expert testimony, medical reports, and flight data may all be used as evidence.
Special Considerations for Flight Crew Injuries
Flight attendants and other airline employees injured on the job may need to file a workers’ compensation claim—but in some cases, they may also be able to pursue third-party personal injury claims (e.g., against a manufacturer if faulty equipment caused the injury).
An aviation-experienced attorney can help navigate these overlapping legal routes.
Conclusion: Don’t Assume Turbulence Is Always “Just Part of Flying”
Being injured mid-flight can feel disorienting, especially when you’re told it was “just turbulence” or an unavoidable accident. But the truth is: many in-flight injuries happen because someone failed to plan, maintain, or act responsibly.
If you’ve been hurt during a flight, you don’t have to handle the legal process alone.
At Alan Ripka & Associates, we understand the unique challenges of airline-related injury claims. From cabin falls to equipment failure to turbulent injuries, we investigate thoroughly, deal directly with airlines and insurers, and fight for full compensation on your behalf.
📞 Call us today or visit alanripka.com to schedule your free, confidential consultation. We’ll help you understand your rights—and take immediate steps to hold the right parties accountable.
