Are airlines liable for injuries to passengers? Yes, if they violate a duty of care to the passenger.

The Missouri Court of Appeals, Eastern District, recently addressed this issue in Spencer vs. American Airlines, et al. In the case, Mrs. Spencer alleged that she was injured when a fellow passenger violently pushed his seat back into her knees. Mrs. Spencer claimed that the airline staff should have known that the passenger was violent or unruly. She filed suit against the airline and the passenger. The trial court granted a summary judgment, meaning that there was no trial, against Mrs. Spencer and in favor of both the airline and the passenger.

The Court of Appeals upheld the summary judgment against the airline. Under Missouri law, the Court found that the airline had a legal duty to protect Mrs. Spencer, but that it did not fail in its duty. The Court specifically found that there was no evidence that the airline or its staff knew of the threat from the fellow passenger.

Airlines violate their duty of care and fail to protect the safety and welfare of passengers on a flight if they know of potential problems and fail to act. Knowing this, many airlines attempt to protect them from lawsuits stemming from the actions of other passengers by including release of liability language in your ticket. Problems in the air with unruly passengers are becoming more common. Industry statistics show that between 2007 and 2015 there were nearly 50,000 instances of unruly behavior on board aircraft.

Airlines Liable for Injuries to Passengers- Inaction on the Part of a Flight Crew

Flight crews, including pilots and attendants, are required to protect the safety and welfare of passengers. Their failure to protect other passengers can support a lawsuit alleging negligence depending on the circumstances. For example, if a flight attendant  continues serving alcohol to an already visibly drunk passenger, the airline could be liable for injuries to other passengers caused by the drunk. In this case, the court found that the flight crew was unaware of the danger Mrs. Spencer was in, especially since she did not notify the flight crew of her concerns before her injury.

Pursuing Claims Against Other Passengers

The Court reversed the summary judgment in favor of the fellow passenger. The Court held that the fellow passenger could be held responsible for his own actions in causing Mrs. Spencer’s injuries. The case will now return to the trial court for further proceedings.

If you suffered an injury on an airplane, contact our experienced Poplar Bluff personal injury attorneys to discuss your claim. You can also call us at (573)686-2459. We are here for you when you need us. Our commitment is to earn your confidence by answering all questions and providing quality representation.