United Flight 967: Airline's Obligation to Compensate Injured Passengers

Posted on July 21, 2010 by Mike Danko

In May, passengers aboard United Flight 935 from London to Los Angeles were injured when the aircraft encountered severe turbulence.  This time, it was the passengers aboard United Flight 967 from Dulles to Los Angeles. 26 passengers and 4 crew members were reportedly treated when the flight diverted to Denver so that the injured could get medical attention.

What is United Airline's obligation to compensate the injured?  The answer varies.

Passengers who were traveling on United Flight 967 as part of an international flight:

If a passenger originated outside the US, or was ticketed to contUA Flight 967 - Area of Turbulanceinue on from LA to a foreign destination, the Montreal Convention applies to that particular passenger’s claim. The Montreal Convention makes the airline liable for any injuries suffered on board the aircraft due to an "accident." The definition of "accident" includes an encounter with severe turbulence. The passenger need not prove that the airline was at fault for the accident. Under the Convention, the airline is automatically liable.

As discussed here, the Convention also entitles the passengers to be compensated for the emotional distress they have suffered, but only if they suffered some sort of physical injury as well.

Passengers who were traveling domestically:

To obtain compensation for his injuries, the domestic passenger needs to prove that his injuries were due to the airline's negligence.  For example, the domestic passengers might need to prove that the flight crew could have reasonably avoided the turbulence but chose to fly too close to a storm.

Provided that the domestic passenger can prove the airline was negligent, the law allows the passenger to be compensated for emotional distress suffered even in the absence of physical injury.

Cabin Crew:

The injured cabin crew cannot sue their employer due to workers compensation laws. They may be able to proceed against others responsible for the encounter, such as the weather reporting agency used by the airline.  In appropriate circumstances, the crew members can also sue the United States government if Air Traffic Control should have advised the flight of the upcoming turbulence.
 

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United Flight 935: Airline's Obligation to Compensate Passengers Injured by Turbulence

Posted on May 26, 2010 by Mike Danko

At least 10 people aboard United Flight 935 were hurt when the aircraft encountered severe turbulence.  Is the airline responsible for compensating its injured passengers?

Continental 767 CabinBecause Flight 935 was an international flight, a treaty known as the Montreal Convention governs the passengers' claims.  The Montreal Convention makes the airline liable for any injuries suffered on board the aircraft due to an "accident."  The definition of "accident" includes an encounter with severe turbulence.  The passenger need not prove that the airline was at fault for the accident.  Under the Convention, the airline is automatically liable.

Some courts have ruled that while an airline is automatically liable for any "accident" on an international flight, its obligation to compensate an injured passenger may be reduced if the passenger himself contributed to his injury.  One issue that typically arises in turbulence cases is whether the injured passenger should have been wearing his seat belt.  In this case, it appears the seat belt sign was off and the turbulence competely unexpected, so that should not be an issue.

As discussed here, the Convention entitles the passengers to be compensated for the emotional distress they have suffered, but only if they also suffered some sort of physical injury as well.

Finally, as discussed here, the passengers are entitled to sue the airline for compensation in the United States, and in particular in California (Los Angeles or San Francisco), regardless of their citizenship or final destination. 

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