If you are injured while getting on, travelling on, or getting off an international flight, there are steps you should take immediately to protect yourself and preserve a potential claim.
First, report the injury and get appropriate medical attention. Then document what happened. Take photographs, get the names of witnesses, keep your travel documents, and ask the airline to prepare an incident report.
Do this even if you are not yet sure how serious your injury is.
International airline injury claims are different from most other personal injury claims. The Montreal Convention, an international treaty governing airline liability on international flights, applies to many international airline injury claims and, in certain circumstances, allows an injured passenger to seek compensation without first having to prove that the airline was negligent. Different rules apply to injuries on domestic flights, which are generally governed by the applicable provincial law.
Can You Make a Claim If You Are Injured on an International Flight?
Yes. Depending on the circumstances, you may have a claim if you are injured while boarding, travelling on, or getting off an international flight.
Airline injury claims are not limited to major aviation accidents. They can involve incidents such as:
- slipping or falling while boarding or leaving an aircraft;
- being burned by hot coffee or tea;
- being injured during an abrupt landing;
- being struck by luggage being removed from an overhead compartment; or
- being injured by defective equipment or another product associated with the flight.
International airline injury claims are generally governed by the Montreal Convention, an international treaty that applies to qualifying international flights.
I have written previously about how the Montreal Convention applies to airplane injury claims and what may constitute an “accident” under the Convention.
One important difference is that an injured passenger does not necessarily have to prove that the airline was negligent to seek compensation up to the applicable liability threshold.
What Should You Do After Being Injured on an International Flight?
If you are injured on an international flight:
- Report the incident. Tell a flight attendant or other member of the crew what happened.
- Ask for an incident report. Ask the airline to prepare an incident report documenting what happened and, if possible, request a copy for your records.
- Identify witnesses. Get the names and contact information of people who saw what happened.
- Take photographs. Photograph the location, anything involved in the incident, and any visible injuries.
- Keep your travel documents. Preserve your ticket, boarding pass, itinerary, and other records identifying the flight.
- Seek medical attention. Your health comes first. Medical records can also become important evidence of your injuries.
In short: document, document, document.
Evidence can disappear quickly. Surveillance videos may not be preserved. Witnesses become difficult to locate. Records get lost. You may need that evidence later to establish what happened and who was responsible.
How Serious Does an Airline Injury Need to Be?
An injury does not have to involve a broken bone, bleeding or another immediately obvious injury to warrant further investigation. What initially seems like a minor injury may turn out to be more serious or longer lasting than expected.
Don’t simply assume you can “walk it off.” A head injury may initially seem minor, only for persistent headaches, difficulty concentrating, or other symptoms to develop later. Chronic pain can also develop or persist after an injury that did not initially appear serious.
A medical professional should assess your injury and prognosis. A very minor injury may not justify pursuing a legal claim, but you should understand the nature and extent of your injury before making that decision.
Should You Accept an Offer from the Airline or Its Insurer?
Do not settle an injury claim with the airline or its insurer before you understand the extent of your injuries and have obtained legal advice.
An airline or insurer may approach you relatively soon after an incident. At that point, you may not know your prognosis or the full extent of your damages.
Once you settle a claim and sign a release, you may give up important legal rights. Make sure you understand your claim before agreeing to a settlement.
Who Is Responsible If You Are Injured on an International Flight?
The airline may not be the only party responsible for your injury.
In my experience, one of the most important things in an airline injury claim is a thorough investigation.
Depending on what happened, it may be necessary to investigate the airport operator, baggage handlers, or whether a defective product contributed to the accident.
It is important to identify all potentially responsible parties before starting a claim. Missing one can become a significant problem later.
How Long Do You Have to Make an International Airline Injury Claim?
There is a limited window to bring a claim after being injured on an international flight. The Montreal Convention imposes a two-year time limit for bringing a claim.
That does not mean you should wait.
Evidence can disappear long before the limitation period expires. Witnesses can become difficult to locate, surveillance video may be lost, and records may no longer be available.
My advice is to speak with a lawyer as soon as you are physically and mentally able to do so after receiving appropriate medical attention.
Frequently Asked Questions About International Airline Injury Claims
Does It Matter Where I Live or Where My Flight Began or Ended?
Yes, potentially. International airline injury claims can involve questions about where a claim should be brought.
A good starting point is to speak with a lawyer where you live who has experience with airline injury claims. That lawyer can assess the circumstances and determine whether a lawyer in another jurisdiction also needs to be involved.
What If I Don’t Know Yet How Serious My Injury Is?
Seek appropriate medical attention and don’t assume the injury is insignificant simply because its long-term effects are not immediately apparent.
Once you have a better understanding of the injury, a lawyer can help you determine whether the circumstances warrant further investigation.
How Much Does It Cost to Speak with a Lawyer About an Airline Injury?
Pushor Mitchell offers free initial consultations for people who have been injured while boarding, travelling on, or getting off a flight.
There is no cost for an initial consultation with anyone on our personal injury team to discuss what happened and whether you may have a claim worth pursuing.
Questions About an International Airline Injury Claim?
Bryan E. Fitzpatrick is a Partner and personal injury lawyer with Pushor Mitchell LLP in Kelowna, British Columbia. He has experience representing people injured while boarding, travelling on, or getting off international flights and with the investigation of complex personal injury claims.
If you have been seriously injured on an international flight, contact Bryan at 250-869-1127 or fitzpatrick@pushormitchell.com to arrange a free initial consultation.
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