Are airlines liable for injuries related to turbulence?

The car isn't the only place you should wear your seat-belt all the time.

Injuries on airline flights due to turbulence aren't unheard of, ranging from broken bones to spinal damage.

Most people who sustain injury are not wearing their seat-belts. According to the Federal Aviation Administration (FAA), about 60 passengers are injured during turbulence every year because they ignored the seat-belt sign.

 

In general, a carrier cannot be held liable for turbulence because it isn't always predictable. 

Often, turbulence can be predicted, and the flight crew will take measures (verbal warnings and instruction, securing food carts and other loose objects, activating the “fasten

seat-belt” sign) to protect its passengers. If injured while wearing a seat-belt, or while ignoring the warning of the flight crew, it is unlikely that the airline could be held liable for the injury. On the other hand, if a passenger is injured by luggage that flew

from an unlatched overhead bin, the airline could be held liable for the injury if they failed to secure the bin.

Likewise, if it can be proven that the flight crew knew about turbulent conditions and failed to notify passengers, they could be held liable for any injuries caused by the lack of communication.

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4 kids killed in Pennsylvania crash weren't restrained, authorities say

EFFORT, Pa. –  Four children killed in a multi-vehicle crash in northeastern Pennsylvania were not in booster seats or wearing seatbelts when the car in which they were traveling caused a high-speed, four-car crash, police said Sunday.

The Saturday afternoon crash killed five, including the 23-year-old woman driving the car in which the children were riding, the Pennsylvania State Police said. Three other people went to hospitals.

Police did not disclose the identities of the children or their relationship to the dead woman, Destini Watson, of Blakeslee. An adult passenger in Watson's car, Monisha Roberts, 21, survived after being ejected from the vehicle.

Watson, Roberts and the drivers of the three other vehicles were wearing seatbelts, but the children were not restrained, police said.

Police say the pileup happened after Watson tried to pass another vehicle at a high rate of speed on Route 115 in Monroe County, about 70 miles north of Philadelphia.

Watson passed the car and began moving back into the southbound lane when she lost control of her vehicle and swerved into the northbound lanes. Her vehicle struck a second vehicle, flipped onto its side and struck a third vehicle. A fourth vehicle crashed into the third, police said.

Roberts and the drivers of the second and third vehicles -- Harold Roberts, 77, and Wade Hunter, 53 -- were taken to hospitals. The driver of the fourth vehicle, Patrick Mikolaitis, 41, suffered minor injuries, police said.

Who Can File a Car Accident Lawsuit and against Whom?

If necessary a car accident lawsuit may be filed against the following indviduals:

The driver: The vehicle’s driver would be primarily responsible for their negligence. The victim may choose to file a lawsuit against them for causing the accident and resultant damages.

The owner of the car: In most cases, the owner of the vehicle cannot be directly held directly liable for the negligence of the driver, unless specified otherwise by the law. To recover damages from the owner of the car, the victim must prove that the owner negligently entrusted his vehicle to the driver, or that the owner of the vehicle had direct control over the actions of the driver or over the vehicle. Some state laws may hold the owner liable if the driver was driving with his consent. Some state laws also allow a lawsuit to be filed against the vehicle owner who allows a member of the family to drive and whose negligent actions caused the accident.

Can passengers sue the driver of the vehicle they were in?
In most cases, the driver of the car with passengers or guests can be sued for negligent actions that resulted in injury of the passengers or guests. In states with a guest statute in place, the non-paying passengers must prove that the driver was grossly negligent.

Can passengers be sued by an injured party?
Under certain circumstances car accident lawsuits can be filed by and against the passengers and guests under the joint adventure theory.

A simple way to demonstrate joint adventure is a trip by the driver and the guest or passenger for a common purpose. Under the joint adventure theory, the driver’s negligence may be imputed to a guest, passenger or , in other words, a joint adventurer. Therefore, the victim does not need to show independent negligence by the guest or passenger, and the lawsuit may be based on the driver’s negligence. 

Employers: If an accident was caused by a worker acting within his course and scope of employment, the victim may be able to file a lawsuit against the employer of the driver.

Car Accident Attorneys

If you have been involved in a car accident, and have doubts about who should be sued for causing the accident and resultant damages you should consult an experienced attorney in your area who can help you build a strong case and get you the compensation you deserve.

If you have been injured in a St. Louis car accident, call The Hoffmann Law Firm, L.L.C. at (314) 361-4242 to speak with an experienced St. Louis car accident attorney who will give you the one on one assistance you need.

 

Source : http://www.lawyer.com/a/who-can-file-a-car-accident-lawsuit-and-against-whom.html