Roberta Aguirre
Airports are busy places, and with so many people rushing to and fro, accidents are bound to happen. If you're unlucky enough to be injured at an airport, you may be wondering if you can sue for compensation. The answer is yes, but it's not always straightforward. Airports are often government-owned and operated, and suing a government entity comes with complications and liability limits. Furthermore, determining liability can be complex, as multiple parties, including the airport authority, contractors, airlines, and even passengers, may share responsibility for an accident. If you've been injured at an airport, it's essential to consult an experienced attorney who can help you navigate the complexities of proving liability and securing compensation.
| Characteristics | Values |
|---|---|
| Can an airport be sued? | Yes, but it depends on the circumstances and where the incident took place. Airports are quasi-government entities, but they lease spaces to private businesses, which may be liable for accidents. |
| Who can be sued? | The liable party could be the airport authority, the operator of a shop, an airline, or another entity. |
| What are the reasons to sue? | If you have suffered injuries and have resulting expenses and losses, you may sue. |
| What to do if you want to sue? | Report the incident, seek medical attention, collect evidence, and consult a personal injury lawyer. |
| Time limitations | The time limit to sue varies between states, but it is generally shorter for cases involving government entities. |
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What You'll Learn
Suing a government-owned airport
When suing a government-owned airport, it is crucial to act quickly. Cases involving government entities often have shorter statutes of limitations, and you may need to notify the government agency of your intention to pursue damages in advance. An experienced attorney will be able to guide you through the specific rules and deadlines that apply in your state when suing a government agency.
To build a strong case, you must establish liability and collect the necessary evidence. In the context of a slip and fall accident, liability typically falls on the party responsible for maintaining the area where the incident occurred. This could be the airport authority, a specific airline, a retailer, or another entity operating within the airport. If the incident was caused by a hazardous condition that the airport manager knew about or should reasonably have known about, they may be held liable for negligence.
It is worth noting that suing a government entity often comes with liability limits, and recovering compensation may be subject to certain caps. For example, in some cases, the maximum amount a government entity can be liable for is $100,000. On the other hand, suing a private business operating within the airport may be simpler, as general rules of negligence apply, and there are typically no damage caps.
Given the complexity of suing a government-owned airport, it is highly advisable to consult an experienced attorney who can help you navigate the specific considerations and increase your chances of securing fair compensation.
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Slip and fall accidents
If you have been injured in a slip-and-fall accident at an airport, you may be able to sue the liable party for damages. The liable party could be the airport authority, the airline, a vendor, or an individual, depending on the specifics of the situation and the degree of negligence involved. For example, if you slipped and fell due to a spill near a kiosk, the vendor of the kiosk might be liable. If the accident occurred in a restaurant, the restaurant would have owed you a duty of care to keep its premises safe, and their breach of duty could make them liable.
To protect your rights and navigate the complexities of proving liability, it is recommended to consult with a personal injury lawyer experienced in airport slip and fall cases. They can help you secure compensation for medical expenses, lost wages, pain and suffering, and other damages. It is important to act quickly, as there is a specified timeline, known as the statute of limitations, within which you must bring your lawsuit. This timeline varies depending on the state and the nature of the liable party.
- Seek immediate medical attention, even if your injuries seem minor, as some conditions may worsen over time.
- Report the incident to airport security and ensure it is properly documented.
- Collect evidence, including photos of the scene and witness contact information.
- Consult with a personal injury lawyer to discuss your legal options and determine the deadline for pursuing your claim.
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In-flight injuries
One of the most common causes of in-flight injuries is turbulence. Turbulence is caused by unstable air currents, leading to sudden and unpredictable aircraft movements. While modern aircraft are built to withstand turbulence, and pilots and flight attendants are trained to handle it, passengers can still be injured if they are not properly secured. In such cases, if the flight crew should have foreseen the turbulence but failed to warn passengers or take necessary precautions, the airline might be liable for passenger injuries. Additionally, if the pilot should have predicted the turbulence but failed to do so due to a lack of vigilance, the airline could be held responsible.
Another common cause of in-flight injuries is falling objects from overhead bins. Carry-on luggage can fall out when the bin is not properly secured or when it is opened by a passenger or flight attendant. In such cases, injured passengers may have a claim against the airline, aircraft, and component manufacturers, or even the Federal Aviation Administration (FAA).
Food poisoning is another potential risk of air travel. If the food served on a plane is unsanitary or rotten, passengers may suffer food poisoning and may be able to take legal action.
It is important to note that determining liability for in-flight injuries can be complex. While the airline is generally liable for accidents occurring on the aircraft, other entities, such as aircraft manufacturers or the FAA, may be held responsible in certain circumstances. Additionally, the process and deadlines for suing may vary depending on the state and whether the defendant is a government agency.
If you have suffered an in-flight injury, it is crucial to gather evidence, including medical records, witness testimonies, and data from the flight. Consulting with an experienced attorney can help you navigate the legal process and determine the liable party or parties.
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COVID-19 lawsuits
There have been lawsuits against airports, airlines, and governments for their handling of incoming passengers during the outbreak. For example, a research analyst who flew into Washington, D.C.’s Dulles International Airport in March 2020 described the airport as "a case study in how to spread a pandemic". The analyst blamed the federal government for poor passenger screening.
Another example is the lawsuit filed by the Biden administration against Southwest Airlines, accusing the company of "illegally operating multiple chronically delayed flights and disrupting passengers’ travel". The lawsuit focused on two flights between Chicago and Oakland, and Baltimore and Cleveland, which disrupted 180 passengers between April and August 2022. The Trump administration later dropped this lawsuit, citing pandemic-related challenges.
There have also been lawsuits against airports for enforcing mask mandates. For example, a man sued the federal government and Orlando Airport, claiming that the federal mask mandate was unconstitutional, especially for travel within a state. The man, who had a generalized anxiety disorder, said he could not tolerate wearing a mask as it caused him to feel like he was having a panic attack.
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Statute of limitations
Airports are large, busy entities with millions of people passing through each year. Given the volume of passengers, it is not surprising that airports are also prone to lawsuits. Airports are considered public entities, and in California, they are subject to the California Tort Claims Act, which restricts how and when a public entity may be held liable for someone's injuries. Airports can be sued if there is a specific exception permitting liability under the Act, such as when a person is injured by an employee's actions or a dangerous condition that the airport knew or should have known about. Common types of airport cases include slips, trips, and falls due to unsafe floor mats, water leaks, uneven floors, etc.
When it comes to suing a public entity, juries may not be as receptive to the claim because they may feel that they are paying the damages through their tax dollars. However, this barrier can be overcome through jury selection and knowing how to handle public entities. A successful claim against an airport can result in a financial award for the suffered injuries, including medical bills, loss of income, property damage, and pain and suffering.
If you have been injured at an airport, it is crucial to take immediate steps to protect your rights. Report the incident to airport security and ensure it is documented. Seek medical attention promptly and collect evidence, such as photos of the scene and witness contact information.
It is important to keep in mind the shortened statute of limitations when bringing a lawsuit against an airport. Unlike a case against a private person or business, lawsuits against airports are subject to shortened timelines. Before filing a lawsuit, you must first file a government claim form within six months of the injury. Once the claim is denied, you have six additional months from the date of the notice of denial to file the lawsuit. However, if written notice of rejection for a claim is not given, a person has two years from the injury to file a court action.
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Frequently asked questions
Yes, you can sue an airport for injuries sustained in a slip and fall accident. However, determining liability can be complex as multiple parties, such as the airport authority, contractors, or other passengers may be involved. Generally, the airport authority, the operator of a shop, or an airline will be responsible for a slip or trip in the airport.
If you have been injured in a slip-and-fall accident at an airport, it is crucial to take immediate steps to protect your rights. Report the incident to airport security and ensure it is documented. Seek medical attention promptly and collect evidence, such as photos of the scene and witness contact information.
Premises liability law states that property owners can be listed as potential defendants if someone slips, falls, or gets injured on their property. Airports, as quasi-government entities, invite various organisations to operate within them, resulting in overlapping responsibilities. This can make determining liability complex.
The statute of limitations for suing an airport varies depending on the state and the nature of the airport's ownership. Generally, cases involving government entities have shorter statutes of limitations. For example, in Illinois, you have two years from the date of occurrence to sue for slip and fall accidents.
Yes, if your loved one died from injuries sustained in a fall at the airport, their personal representative (estate executor) can file a wrongful death lawsuit and seek fair damages for surviving family members.
