On Wednesday, August 28, 2024, United Airlines flight 1196, a Boeing 737-900 airplane, experienced severe turbulence while flying over New Orleans causing injuries to seven people. Reports indicate that the international flight, originating from Cancún, Mexico, was bound for Chicago O’Hare International Airport in Chicago, Illinois when it encountered turbulence 80 minutes into the flight. The United Airlines Boeing 737 aircraft carried 172 passengers and 7 crew members and was diverted to Memphis, Tennessee after experiencing the turbulence. A CNN article reported one person was taken to a hospital, and six others received minor injuries and declined treatment.
When a passenger is injured on a flight that is part of an international itinerary, the airline’s liability is governed by a treaty known as the Montreal Convention. To receive compensation
Understanding the Montreal Convention and Airline Liability
Severe turbulence is one of the leading causes of inflight passenger injuries. When turbulence results in injuries, affected passengers may have a valid claim against the airline operating the flight under the Montreal Convention—an international treaty that regulates airline liability for passenger injuries or death during most international flights.At Kreindler & Kreindler LLP, Partner Erin Applebaum, who focuses on representing passengers injured in aviation disasters and other in-flight incidents, shares her knowledge and experience through a popular CLE course titled “Montreal Convention for Plaintiffs’ Lawyers: Representing Passenger Personal Injury Claims Arising on International Flights.”
Proving Liability in Turbulence-Related Injuries
Determining liability in cases of passenger injuries caused by severe turbulence is a complex and highly litigated area. Kreindler’s aviation attorneys contributed their insights to the Journal of Air Law and Commerce in the article, “Handling the Turbulence Case.” Successfully navigating these cases often depends on proving that passengers were injured during an unexpected turbulence event. Airlines and private aircraft operators frequently deny such claims, citing two common defenses:
The turbulence was unpredictable and could not have been anticipated.
The passenger failed to comply with in-flight safety procedures or warnings.
Kreindler’s Experience with In-Flight Injury Litigation
Kreindler attorneys have a proven track record in successfully litigating numerous cases involving in-flight injuries, including those related to severe turbulence.
Our notable cases include:
Spielberg v. American Airlines, Inc.
Kreindler partners Dan Rose and Jim Kreindler secured a landmark settlement in the Spielberg v. American Airlines, Inc. case, where passengers endured 30 seconds of severe turbulence on a flight from Los Angeles to New York. This victory provided record compensation for the 13 affected passengers and led to American Airlines admitting liability.
Southwest Flight 1380
Kreindler represented multiple injured passengers and the family of a passenger who tragically lost her life following a mid-air cabin window fracture and rapid depressurization on a Southwest Airlines Boeing 737.
USAir Turbulence Case
Kreindler successfully represented a passenger who sustained a spinal cord injury, resulting in paraplegia, after being thrown into the ceiling during severe turbulence on a USAir flight. No warning had been provided to passengers before the incident.
American Eagle Weather-Related Crash
Kreindler achieved significant settlements for severely injured passengers following a crash where the plane overran the landing strip while attempting to avoid thunderstorms.
Continental Auto-Pilot Failure
Kreindler attorneys secured compensation for flight attendants who were injured after being violently thrown to the ceiling due to an auto-pilot malfunction.
Alaska Air Cabin Depressurization
Kreindler successfully represented a seriously injured passenger in a case involving sudden cabin depressurization.
About Kreindler & Kreindler
Kreindler & Kreindler LLP is globally recognized as the premier aviation accident law firm. Kreindler attorneys have authored the leading legal treatise Aviation Accident Law, which is continually updated to reflect the latest developments in the field. Since 1950, Kreindler has been committed to achieving outstanding results for clients involved in domestic and international airplane and helicopter crash cases. Kreindler has offices in New York, Boston, and Los Angeles.
Endnotes
Photo Credit: United Airlines Boeing 737-900 airplane via Flickr by Bill Abbott
When a passenger is injured on a flight that is part of an international itinerary, the airline’s liability is governed by a treaty known as the Montreal Convention. To receive compensation