If you have been injured in an airplane due to luggage falling from an overhead bin, you may be entitled to compensation for your harm. Airlines have a duty to ensure passengers are safe from preventable injuries. At the Law Offices of Robert Dixon, our airline accident attorneys are well versed in this area of law and can put our knowledge to use in your case. We can scrutinize the facts of your case, seek to establish fault, and zealously pursue full and fair compensation on your behalf.
Airlines are ‘common carriers,’ which means that their primary business is to transport people from one place to another for compensation. Other examples of common carriers include commercial buses, boats, and trains. Common carriers have a heightened legal responsibility and duty of care to their passengers. This duty of care includes making sure that passengers are protected from harm at every stage of the flight.
Luggage from an overhead bin may fall out for a number of reasons. In some cases, the bin may pop open because another passenger may have overstuffed it. In other cases, the bin’s latch may have been defective or broken, causing it to open in an untimely manner. Baggage falling from overhead bins can result in a variety of injuries. In mild cases, the passenger may sustain some scrapes and bruises, whereas in the most serious cases, a passenger may suffer traumatic brain injuries.
If an overhead bin baggage accident injures passengers during an international flight, the Montreal Convention applies even if the accident was the fault of another passenger. The Montreal Convention is an air carrier treaty adopted by the International Civil Aviation Organization that makes an airline automatically liable for any injury to a passenger that was a result of an accident. An ‘accident’ is defined as an unusual or unexpected event that is external to the passenger. As a result, in some circumstances, falling baggage may qualify. The Montreal Convention would apply even on a domestic flight as long as the passenger had an international destination on the itinerary.
If the flight was entirely domestic, the passenger will typically need to show that the airline was negligent. Since common carriers are subject to a high duty of care, establishing liability in these cases is sometimes easier than in other types of personal injury claims. Negligence occurs when an airline fails to use reasonable care, causing an injury to a passenger. In order to win on a negligence claim, the plaintiff must establish that the airline was negligent, and the airline’s negligence was a direct cause of the plaintiff’s harm.
If you or someone close to you has been injured as a result of luggage falling from an overhead bin during the course of a flight, it is important to contact a Miami airplane accident attorney who can assess the merits of your case. We strongly believe in holding negligent parties accountable for the harm that they cause. At the Law Offices of Robert Dixon, we have successfully represented numerous South Florida clients and can help you as well. For more information, call us at 1-877-499-HURT (4878) or reach out to us online today.
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