According to NBC News United Airlines reached a “amicable settlement” with Dr. David Dao, who is the passenger that was violently dragged off of a flight in April of 2017 after the incident caused a firestorm for the company. While the amount of the settlement remains undisclosed, airport incidents and injuries are becoming more and more common. According to USA Today a Delta flight headed from Seattle to Beijing returned to Seattle International Airport after a passenger assaulted a flight attendant.
Airport injuries can involve escalators, vehicle collisions in the parking lots. pedestrians struck by vehicles on the concourse, baggage or waiting areas, boarding and disembarking on the jetway or even involve slip and falls on liquid or other debris in airport food service areas such as a food court.
With the rise of airport injuries and accidents it is crucial to know who is responsible and what your options are if you are injured in an airport accident or incident. In traditional airports which vary greatly in size, the manager of an airport is responsible to keep the premises safe from dangers that could possibly cause airport travelers any harm. The manager is not always liable for incidents, if the manager or employees were aware of the dangerous conditions or incident and failed to repair it or warn their travelers about the conditions then the manager could very well be responsible. In the case of private airstrips, the landowner could be liable for injuries suffered on the premises.
Airlines also have a legal right to remove a passenger from a plane under the “Contract of Carriage”. But the handling of the situation could not be legal considering the injury and trauma that may have resulted from the way the situation was handled. If an accident occurs in the airport terminal, waiting areas or walking from one gate to another the airport may be liable. But it is important to be cautious and include the right defendant in your case. You could possibly file a suit against the airline when you should be filing a suit against the airport.
But beware! The issue of sovereign immunity arises in situations involving State run GOCO airports (Government Owned Contractor Operated). Sovereign tort immunity likely applies in cases involving aviation injury. The same holds true for airports run by municipal corporations.
If you or a loved one have been injured in an airport in Florida, whether as a pedestrian, driver, traveler, or in a shuttle please call The Law Offices of Christopher DeBari right away and begin the process of protecting your legal rights.
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