Buffalo, New York: Injured By A Suitcase On An Airplane

Jed Dietrich, Esq., Recognized as a Super Lawyer and American Institute of Trial Lawyers Litigator of the Year, is Committed to Defending the Rights of Aviation Accident Victims. If You or Your Child Has Sustained Physical Injuries Due to a Falling Suitcase or Mishandled Luggage on an Airplane, You Deserve Aggressive Representation and an Experienced Personal Injury Lawyer Willing to Fight for Your Rights.

Buffalo has one of the busiest airports east of the Mississippi.

According to most estimates, it is one of the main air-transportation hubs in the entire state, with only LaGuardia and JFK reporting a higher annual footfall. In 2024, more than 5 million passengers from around the world traveled through Buffalo International Airport.

Even though air travel is often touted as the safest way to get around, it still has risks.

For many passengers, waiting in line, whether for check-in or at security is the most stressful part of travel. For others, it is the prospect of being aboard a plane, perhaps for hours on end. If and when you are in the air, there is little you can do when something goes wrong.

One of the most unexpected dangers inherent to airplanes has less to do with the prospect of a crash-landing than luggage stored overhead. Even though airlines place strict limits on the weight of carry-on and personal items, a sudden bout of turbulence can send unsecured baggage flying. At cruising altitude and standard flight speeds, small pieces of luggage can cause significant damage and inflict serious injuries, some of which may require emergency medical care.

If you or a loved one has been injured by falling luggage aboard an international or domestic flight, you could be entitled to significant compensation. A recognized U.S. News & World Report Best Law Firm, the Dietrich Law Firm P.C. has spent decades helping Buffalonians file, fight, and win high-stakes personal injury lawsuits. We know what it takes to build a strong case for compensation, and we know what it takes to overcome even the most aggressive defense.

If you think you could have a case against an airline for a falling luggage injury, our experienced team of Buffalo personal injury lawyers could help you assert your right to a fair recovery. Call Jed Dietrich, Esq., today at 716-839-3939 to speak to an aviation accident lawyer in Buffalo and find out how much your lawsuit could be worth.

Airline crashes in the United States are incredibly rare, but in-flight accidents are far more common than most people expect. These accidents are more frequently reported on commercial flights, but they could occur during chartered travel, too, whether on a private jet, a helicopter, or something else entirely.

Falling luggage, in particular, presents a serious and often understated risk. It is a hazard that can happen even in clear skies, but it is more likely to occur if and when certain risk factors are present.

Unsecured baggage could fall and cause an accident under any of the following circumstances:

1. Your flight experiences turbulence. Turbulence is a routine aviation hazard that is caused by irregular air movement. It can be triggered by a wide range of different conditions, such as tall buildings, strong air currents, thunderstorms, or even the wake from another aircraft. Though turbulence rarely poses a risk to the structural integrity of most modern planes, abrupt changes in altitude can generate massive amounts of force. This can cause luggage to move inside the overhead bin, or, in a worst-case scenario, send unsecured baggage flying through the cabin.
2. A flight attendant makes a mistake. Before takeoff, flight attendants typically inspect the overhead bins and ensure that luggage is securely stowed. If a flight attendant makes a mistake, perhaps they forgot to close a bin or permitted another passenger to place too many items into an overhead compartment, it could have serious repercussions if the aircraft experiences turbulence. Even if luggage does not fall out mid-flight, it may move out of position, potentially falling upon the first person to open the hold upon landing.
3. Another passenger overloads the luggage bin. Many passengers take a cynical view of luggage restrictions, viewing weight-related rules as a money-making scheme imposed by profit-hungry airlines. Although there may be some truth to this theory, these rules serve another, critical purpose. By prohibiting heavy carry-ons, airlines can minimize the risk presented by turbulence and prevent passengers from being struck by inordinately heavy objects.

You should not have to pay out-of-pocket for an accident that was not your fault, but securing compensation after being hit mid-flight by somebody else’s luggage could seem like a complicated process. However, filing a personal injury lawsuit does not have to be daunting. No matter where your flight was headed, you may have more rights than you expect.

In New York, airline passengers who were injured through no fault of their own have a legal right to file a claim for compensation against the person or party who caused their accident.

Here is what you need to know about:

If you were injured on a domestic flight, you may be able to file a personal injury lawsuit against the airline. Successfully suing an airline typically necessitates that you establish that the carrier, or one of its agents, was negligent. This involves:

1. Proving that the airline owed you a duty of care;
2. Proving that the airline breached its duty of care through an act of negligence;
3. Establishing that the airline’s negligence was the direct cause of your injuries; and
4. Establishing that you sustained legally cognizable damages as a result of your accident.

Most modern aircraft do not have cameras anywhere in the cabin, so establishing negligence may well require obtaining evidence directly from the airline. This could involve identifying and interviewing other passengers, examining pre-flight checklists, or reviewing surveillance camera footage to determine whether the airline’s agents adequately enforced baggage weight limits.

International flights are subject to a treaty called the Montreal Convention.

Under the Montreal Convention, airlines are strictly liable for most accidents that occur aboard an aircraft, even if neither the airline nor any of its agents was negligent. Legal precedent has already established that falling luggage, unless caused by the victim’s own negligence, constitutes a reimbursable accident.

You could be entitled to the Montreal Convention’s protections if:

1. You were flying to Mexico, the Dominican Republic, or any other international destination;
2. You were flying from Buffalo to connect to an international flight at another airport; and
3. You were flying through Buffalo en route to or from an international flight.

The Montreal Convention allows recoveries of up to about $175,000 per incident.

Call Jed Dietrich, Esq., today at 716-839-3939 to speak to a Buffalo aviation injury lawyer to schedule your 100% free consultation and find out if you could qualify for compensation through a Montreal Convention claim or personal injury lawsuit.

Call the Dietrich Law Firm P.C. immediately at 716-839-3939 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!