injured by drunk passenger on airplane

Air travel often includes passengers consuming alcohol, both in airports and during flights. At high altitudes, the body metabolizes alcohol differently, intensifying its effects. This means that even a small amount of alcohol can lead to significant impairment, potentially resulting in disruptive behavior. Flight attendants are trained to manage such situations, but unlike in a bar, there is no option to remove an unruly individual from the environment.

If an intoxicated passenger has injured you, you may have the right to seek compensatory damages from both the individual responsible and potentially the airline. Our Florida aviation accident attorneys can explain your options based on your situation. Contact Lytal, Reiter, Smith, Ivey & Fronrath today for a free consultation.

Laws governing alcohol consumption on airlines

The Federal Aviation Administration (FAA) enforces strict regulations regarding alcohol consumption on aircraft:

  • Boarding restrictions: It’s illegal for crew members to allow an intoxicated person to board a plane, except in emergencies. While flight attendants make initial assessments, the pilot has the final authority.
  • In-flight service: Crew members are prohibited from serving alcohol to passengers who appear intoxicated, even if it’s their first request. Violations can lead to FAA fines, certificate actions, and potential lawsuits.

Penalties for violating FAA rules for responsible alcohol service in flight can result in:

These regulations are akin to “Dram Shop” laws that govern alcohol service in bars and restaurants, emphasizing the crew’s responsibility to ensure passenger safety.

Standard of care for flight crews regarding intoxicated passengers

Federal Aviation Regulations (FARs) establish the duty of care that flight crews and airlines owe to passengers. In personal injury cases involving intoxicated passengers, it’s essential to demonstrate that the airline breached this duty, leading to injury. Proving negligence involves showing that the airline failed to uphold its safety obligations, directly causing harm to a passenger.

Your rights in cases of airline negligence

Passenger rights are governed by a combination of state, federal, and international laws, including:

  • Montreal Convention (1999): This international treaty removes liability limits for airlines in accidents resulting in injury or death during international travel. It allows injured passengers to file suits in their home state, such as Florida, with a two-year statute of limitations for personal injury claims.
  • Filing complaints: If your rights are violated, you can file a complaint with the FAA or the U.S. Department of Transportation (DOT). Additionally, you may pursue compensatory damages against the individual who caused harm, the crew member who served alcohol, the pilot (responsible for overall passenger safety), and the airline (under vicarious liability).

Compensation you may be entitled to

You may be entitled to various forms of compensation, including:

  • Medical expenses: Coverage for hospital bills, medications, and ongoing treatments.
  • Lost wages: Reimbursement for income lost due to inability to work.
  • Pain and suffering: Compensation for physical pain and emotional distress endured.
  • Emotional distress: Damages for psychological impact and trauma resulting from the incident.

Recent incidents involving drunk airline passengers

United passenger gets $10K fine for urinating in seat mid-flight after mixing Xanax and alcohol

A United Airlines passenger, Zachary Greear, 34, was fined $10,000 after urinating in his seat and the aisle during a flight from Amsterdam to Newark. Greear had mixed Xanax with alcohol to calm his nerves, leading to his disruptive behavior approximately two hours into the flight.

The incident forced the plane to divert to Dublin, resulting in over $30,000 in fuel dumping costs. In Dublin district court, Greear expressed deep remorse, stating he was “horrified and embarrassed” by his actions. He pleaded guilty to multiple offenses under Ireland’s Air Navigation and Transport Act. The court acknowledged his clean record and commitment to donate $5,000 to charity, effectively doubling the fine to 10,000 euros. United Airlines confirmed that Greear was removed from the flight without further incident, and the plane later continued its journey.

American Airlines flight makes emergency landing after passenger urinated, exposed himself in aisle

Neil McCarthy, a 25-year-old from Oregon, was arrested and charged with indecent exposure after allegedly exposing himself and urinating in the aisle during an American Eagle flight from Chicago to Manchester, New Hampshire.

The incident prompted the flight to divert to Buffalo, New York, where McCarthy was taken into custody. He reportedly admitted to consuming multiple “Jack and Cokes” before and during the flight. If convicted, McCarthy faces up to six months in prison and a $5,000 fine.

Injured on a flight? We want to help you.

At Lytal, Reiter, Smith, Ivey & Fronrath, we can help you if you were injured by a drunk passenger on an airplane. Our attorneys have an in-depth knowledge of the federal, state, and international laws that protect your rights, and we tailor each case to your unique circumstances. Contact us today at (561) 655-1990 for a free consultation.

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