Airline Negligence and Injury or Wrongful Death of a Dependent Loved One

 Posted on June 16,2016 in Aviation Litigation

By Timothy Tomasik

When a family places the care of a dependent loved one in the hands of an airline, they have a reasonable expectation of safety and security. Unfortunately, that expectation is not always met, and the loved one can suffer injury or wrongful death. When this happens, the family may be due compensation for their losses. It is important to note, however, that not all situations may constitute a settlement. Learn how to determine if you may have an airline negligence case and how to best pursue fair compensation.

Negligence by Airline Staff

When a dependent child or adult is placed in the care of an airline, the parent, guardian, or caretaker is typically charged an escort fee in addition to their regular ticket price. This fee creates a reasonable expectation that the airline will ensure the flying child or dependent adult reaches their correct gate and boards the correct plane and all connecting flights. Even if a fee was not charged, the reasonable expectation might still be present if staff was duly notified and warned about the condition or need for supervision of the child or dependent adult.

Security Negligence and Injury or Wrongful Death

Despite alleged security enhancements, investigations from news channels have found that there are still a number of failures in some of the nation’s busiest airports. In fact, Homeland Security Red Teams reportedly smuggled mock explosives and banned weapons through Transportation Security Administration (TSA) checkpoints in 95 percent of their trials. This failure, if translated into a real life security breach, could endanger hundreds or thousands of passengers, including dependent adults and children boarding flights on their own.

Turbulence Injury During Flight

Although most instances of turbulence do not result in injury, it can and does happen. Oftentimes, it is due to a failure in communication among members of the flight staff, poor course planning that can lead to unexpected or unnecessary turbulent issues, failure to properly secure overhead luggage areas, or improper supervision of dependent adults or minor children. In these instances, the airline could be held liable for any injuries sustained by their passengers.

Know Where to Turn When Negligence Occurs

While acts of negligence are fairly rare, it is important that passengers and their loved ones know where to turn when and if it does happen. This is especially true for those who have dependent loved ones flying unsupervised on an aircraft since the lack of presence on a flight will require an extensive amount of investigative skills and knowledge to determine if negligence did, in fact, occur. Moreover, the complex nature of aviation litigation requires extensive experience in this specific area of the law.

At Tomasik Kotin Kasserman, we understand just how devastating the loss or injury of a loved one can be, especially when it is at the hands of someone you entrusted with his or her care. Skilled and compassionate, we work hard to build you a strong case against any and all responsible parties. Schedule a free initial consultation with our Chicago aviation litigation attorneys and get the representation and settlement you deserve. Call 312-605-8800 today.

Sources:

http://www.foxnews.com/travel/2015/08/25/family-charges-american-airlines-with-negligence-after-father-with-alzheimers.html

http://abcnews.go.com/US/exclusive-undercover-dhs-tests-find-widespread-security-failures/story?id=31434881

http://www.cbc.ca/news/technology/turbulence-air-travel-1.3385566

http://www.foxnews.com/travel/2015/08/18/mom-says-united-left-her-young-son-alone-at-airport.html