Rochester, 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 Rochester Families. If You or a Loved One Has Been Injured by a Falling Suitcase, Luggage, or Baggage on a Rochester Flight, You Deserve Aggressive Representation and an Experienced Personal Injury Lawyer Willing to Fight for Your Rights.

The Greater Rochester International Airport is one of the busiest transportation hubs in Central New York. Each year, more than two million passengers travel to or from the city or are awaiting a connection to another, farther destination.

But no matter where you are going or why, travel can be stressful.

Even though flying is, from a statistical standpoint, much safer than driving or almost any other form of transportation, soaring above the clouds can present its own set of risks. Turbulence, for instance, rarely presents any significant risk to the structural integrity of an airplane. It is incredibly rare for air currents to take down a modern airplane but it can present a serious source of danger if luggage stored overhead falls from the compartment. This can happen mid-flight or when unsuspecting passengers try to grab their baggage upon landing.

Flight attendants and other passengers can make mistakes, too. An overloaded or unlatched bin can send luggage crashing down when you least expect it. Even lightweight carry-ons and personal items could be dangerous, especially if they hit your head or cause you to lose your balance and fall down.

You should not have to pay for an accident that was not your fault, and you could have more options to obtain compensation than you realize.

Since our founding in 2005, the Dietrich Law Firm P.C. has fought to protect the rights of travelers in Rochester and throughout the region. A recognized U.S. News & World Report Best Law Firm, we know what it takes to file, fight, and win a high-stakes personal injury lawsuit, and we have the results to prove it. Call Jed Dietrich, Esq., today at 585-939-3939 to speak to a falling luggage aviation accident lawyer near Rochester and schedule your 100% free, no-obligation consultation as soon as possible.

Airlines have strict rules when it comes to storing luggage in overhead compartments, but these rules are not always followed. Any slight oversight, even an innocent mistake, could have life-altering repercussions in the presence of these risk factors:

1. Turbulence. Turbulence is a common phenomenon caused by disruptive currents and irregular air movement. Even mild turbulence can shift luggage in overhead compartments, potentially moving bags closer to the latch or forcing them to rest against the compartment door. Upon opening the overhead bin, this loose luggage can fall. In the event of more extreme turbulence, baggage can quite literally fly out of the compartment, striking passengers at high speeds and with immense force.

2. Flight attendant error. Flight attendants have many responsibilities. If you have flown before, you have probably seen flight attendants visually inspect the overhead compartments, closing them as they fill up and sometimes asking other passengers to move large pieces to other bins. Of course, flight attendants can make mistakes. It is rare for compartments to be left open at takeoff or landing, but it can happen if the flight attendants are distracted or unable to leave their own seats due to inclement weather. In some cases, negligent flight crews may outright ignore broken latches or other dangerous conditions that pose what they perceive as a minor risk to passengers.

3. Passenger error. Other passengers are far more likely to make mistakes when it comes to loading baggage than trained airline staff. Aside from trying to carry oversize or overweight baggage onto the plane, some passengers may try to load multiple bags into the same compartment, possibly even stacking them on top of each other. Flight attendants will usually fix these mistakes if they notice them, but some oversights can and do go overlooked.

A falling bag is no laughing matter.

Even a lightweight carry-on or personal item can pack a hard punch if it falls from a height or is propelled across an aircraft by turbulence. Injuries range in severity, but they could include any of the following:

1. Bruising;
2. Severe cuts or lacerations;
3. Fractured and broken bones;
4. Fall-related injuries, including vertebral and hip injuries;
5. Traumatic brain injuries, including concussions.

Extreme cases of turbulence can result in even more serious injuries, some of which could be life-threatening. In an alarming recent incident, dozens of passengers were injured, and one was killed after a Singapore-bound flight experienced turbulence above the Indian Ocean.

Factors like turbulence and flight attendant error are not in your control, but if you have been seriously injured, you could be legally entitled to compensation.

You may not have to accept financial hardship in place of fair compensation.

Depending on the circumstances of your accident and the severity of your injuries, you could have several options for recovery. These include:

1. Filing a personal injury lawsuit. If you were injured on a domestic or international flight, and your accident was caused by an act of negligence, you could be entitled to file a personal injury lawsuit. To win your claim, you must typically be able to establish that the airline, a flight attendant, or another party was in some way negligent. Furthermore, you must usually prove that this negligence was the direct cause of your injuries.

2. Filing a claim under the Montreal Convention. If you were injured on an international flight, you could be eligible for additional protections under the Montreal Convention. This treaty stipulates that airlines are strictly liable for most accidents “external to the passenger” that occur during transportation. In other words, you would not have to prove that the airline was negligent or had a duty to prevent you from being injured. The caveat with Montreal Convention claims is that you can only recover up to about $175,000 in damages.

New York law does not cap or otherwise limit compensation in most aviation injury claims, but your settlement could come with conditions, especially if you are seeking an award under the Montreal Convention. Additionally, even if you can prove that you were injured, you cannot expect the airline to pay what your claim is worth, at least, not without putting up a fight. Airlines are for-profit enterprises, and they will almost always prioritize their profits over your physical and financial well-being.

Do not take chances with your right to a fair recovery: call Jed Dietrich, Esq., today at 585-939-3939 to speak to a falling luggage injury lawyer near Rochester and schedule your 100% free, no-obligation consultation as soon as possible.

Call the Dietrich Law Firm P.C. immediately at 585-939-3939 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Rochester, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!