Your Legal Rights After an Airport or In-Flight Injury

Airport or airplane injuries can easily ruin your travel day.

One second you’re having a great day. The next, you’ve fractured your wrist falling off a ladder… or you’re struggling to get off an airplane following severe turbulence. And the worst part about these situations…

Most people have no idea what to do next.

Do you sue the airline? The airport? Someone else entirely? Passengers actually do have rights, real legal rights. Knowing these can change everything.

Coming up in this guide:

• Common Airport & In-Flight Injuries
• Who Is Actually Responsible?
• Key Laws That Protect Passengers
• Steps to Take Right After an Injury

Common Airport & In-Flight Injuries

Travel injuries occur far more frequently than many travelers realize. In fact, they can occur anywhere from the time you enter the terminal until you depart from the jet bridge.

The most common ones include:

• Slip and fall accidents on wet floors
• Escalator or moving walkway injuries
• Baggage cart or shuttle collisions
• Falling luggage from overhead bins
• Turbulence-related injuries
• Trip and falls over uneven flooring

Slip and fall accidents are extremely common at airports. Research showed that 40.3% of all airport personnel injuries stemmed from slip falls. Wow.

Escalators are big culprits too. The CPSC estimates that there are approximately 10,000 escalator injuries annually in the United States, and airports account for a significant portion of these incidents.

Have you been injured in any of these scenarios? If so, hiring an experienced Airport Accident Lawyer can be your best course of action. See, the thing is…

Establishing negligence at an airport can be difficult. With so many entities involved (airport authority, airlines, contractors, custodial companies, etc.) it can be hard to untangle on your own. Doing so often leads to unfavorable results. An experienced airport injury attorney will know how to determine who dropped the ball.

Now for in-flight injuries…

Unexpected turbulence. Turbulence causes more fatalities than any other reason. Globally there were approximately 244 onboard deaths in 2024. Turbulence-related incidents also result in a majority of serious passenger injuries occurring while flying. You'll find this even more surprising. According to an FAA study, over 90% were not wearing their seatbelt during most turbulence related injuries.

Other in-flight accidents include:

• Falling luggage from overhead bins
• Scalding from hot drinks
• Injuries from broken seats or equipment
• Assault by other passengers
• Slip and falls in the aisle

All of these can result in actual medical expenses, lost wages, and chronic pain.

Who Is Actually Responsible?

This is where things get complicated fast.

Whoever is liable will depend on where at the airport the injury occurred and who was responsible for maintaining that area. It could be the airport. It could be the airline. It could be a third party contractor such as a maintenance or cleaning company.

For example:

• Fell on a wet floor outside the food court? You may have a claim against the cleaning contractor.
• Hit by a runaway baggage cart? The airline’s ground crew could be responsible.
• Fell on a broken escalator? The escalator maintenance company might be at fault.

In an in-flight accident, the airline will typically be the primary party at fault. Airlines have what's called a "high duty of care" when it comes to their passengers. Basically, they can't treat an injury as "just one of those things."

But be warned…

Airlines employ teams of lawyers whose sole purpose is to pay you as little as possible. That's why flying solo usually leaves you with a fraction of what you're owed.

Key Laws That Protect Passengers

Two big legal frameworks affect airport and in-flight injury cases.

The Montreal Convention

International flights fall under Montreal Convention. The Convention establishes strict liability for passenger injuries up to about 128,821 SDRs (about $175,000 USD). Above that amount the airline can only avoid liability by proving it wasn't at fault.

Simple, right?

Actually, it’s pretty passenger-friendly. But it only kicks in on international routes.

Premises Liability Laws

Injuries sustained at airports within the United States are governed by each respective state's premises liability statutes. Premises liability law requires owners of properties (which includes airports) to maintain their premises in a reasonably safe condition. If they do not, they can be liable for injuries that occur.

But…

Negligence must be proven with evidence. But evidence doesn't stick around at airports. Wet floor signs are relocated. Video surveillance is overwritten. Witnesses board their flights and disappear from your life.

That is why acting quickly matters so much.

Steps to Take Right After an Injury

When you are involved in an in-flight accident or airport injury, the first few hours can make all the difference.

Here is what needs to happen:

Step 1: Seek medical attention ASAP. Even if it doesn't seem serious. Adrenaline masks pain and things like concussions or spinal injuries can have delayed symptoms for hours.

Step 2: File a report. Complete an incident report with the airport or airline prior to departing. Obtain a copy for your records.

Step 3: Take photos. Photograph the scene of the accident, including the cause of the accident (slippery floor, broken escalator, spilled soda) and any injuries that are visible. Get the names and phone numbers of witnesses, if available.

Step 4: Save every receipt. Medical bills, prescriptions, rides to appointments, lost wages – you name it, it's important in calculating damages.

Step 5: Speak with an Airport Injury Attorney. Before you speak with anyone or sign any documents from the airline or airport, consult with an attorney. Insurance adjusters are trained to offer you a quick, lowball settlement. An experienced attorney will know how to negotiate past the lowball offers and seek compensation that is fair for your injury.

Time is running out. Every state has a deadline by which you must file a lawsuit. This is known as the statute of limitations. If you miss the deadline, your case dies regardless of how meritorious it may be.

The Bottom Line

Airports and airlines have a responsibility to ensure their passengers are safe. When they fail to do so, victims should be compensated for their experience.

The reality is that most injured travelers don't file a claim. Either they don't realize they have a claim, or they assume it's not worth the hassle. That's a mistake. Medical expenses can pile up quickly, and lost wages from being unable to work can be devastating.

When an injury has occurred, the best course of action is to talk to an airport injury attorney who specializes in these types of cases. They understand the laws involved. They understand how to quickly obtain evidence. And they know how to negotiate with airlines and their fleets of adjusters.

Travel injuries are never just "bad luck." Someone else's negligence is usually the cause. And the law favors the passenger…if they know how to play it.