For some, flying is stressful. For others, it’s the beginning of an adventure. But everyone knows that when you get on a plane, there’s a certain amount of risk in traveling. However, no one expects to board a flight and leave with a physical injury. When an airline is responsible for injuring a Florida passenger, the airline may be accountable.
When an airline passenger suffers a physical injury while embarking or disembarking on a plane, the only available recourse is to sue the airline for recovery under the Montreal Convention, which trumps any state law claims the passenger could bring. The Convention requires that the passenger bring suit within two years of the date of arrival at the destination.
In a recent appellate case, a plaintiff was on a flight to London when he was accused of stealing a crew member’s bag. Although the bag was found later, the airline refused to let the plaintiff disembark the flight. The plaintiff was an older gentleman who recently had surgery on his leg and had not yet fully recovered. When the airline turned the man over to the authorities, he was marched around the airport to multiple locations while being forced to carry his luggage with no help. Despite showing obvious signs of exhaustion, pain, and distress, the plaintiff was never given an opportunity to sit down. After denying the accusations against him to a police officer, the officer told him he was free to go.