A British Airways airliner recently made the news after it suffered a catastrophic engine failure and had to abort its takeoff run. Thankfully, no crewmembers or passengers were seriously injured in the incident. It could have been much worse. While statistically speaking airline travel is a reasonably safe means of travel, injuries and deaths can and do occur. In fact, some estimates suggest that thousands of people are injured each year just by baggage that falls from defective or improperly-secured overhead bins.
When you are injured on an airliner, the injuries you suffer can be just as serious as any injury you would suffer on the ground. Even a food/beverage cart carelessly rushed through the aisles can cause serious injuries to your knee, hip, and/or leg (or other body part). Where the airline or its employees have caused or contributed to your injuries, you may be entitled to compensation.
Because airliners are mobile and can travel between states and countries, a common question is where a lawsuit naming the airline as a defendant should be filed? Answering this question requires knowing whether the flight was an international flight or a domestic flight. If it is a domestic flight, determination of this issue requires further analysis of precisely where the injury incident occurred.
For international flights, a passenger’s right to bring a lawsuit may be dictated by the Montreal Convention. This multinational treaty established certain rights for passengers who suffer an injury or loss while aboard an international flight. An international flight may involve an origin or destination country that is not a party to the Montreal Convention. In such a case, experienced legal assistance is needed to analyze the facts of your case and determine where your lawsuit can be filed.
For domestic flights, a lawsuit can be filed in the state of origin (if the injury occurs while the plane is at the gate with its cabin door opened) or in the destination state (if the injury occurs after the plane has arrived and has opened its door at the gate). In flight, a case may also be brought in the state over which the airline is flying at the moment the injury occurs. There may also be other courts in which your domestic flight injury lawsuit can or must be filed. Again, an experienced airline personal injury attorney will be able to determine the most appropriate court in which to file your airline injury lawsuit.
Personal injury law in general can be complex, and this is especially true when the defendant accused of injuring you is an airline. Do not settle your case with an airline or file suit against an airline without first talking with Ladah Law Firm, PLLC. We can analyze the strengths and weaknesses of your case and ensure your case is filed and prosecuted in accordance with federal and/or state laws. Learn more during your free case consultation. Contact us at (702) 252-0055 today and discuss your case with us.