When can airlines be held liable for in-flight turbulence injuries?

Turbulence is one of the most common causes of in-flight injuries affecting passengers and flight crew. While turbulence is often unpredictable, airlines still have a duty to ensure passenger safety. If you were injured during turbulence, you may wonder whether the airline can be liable for your injuries.

At Lytal, Reiter, Smith, Ivey & Fronrath, our West Palm Beach personal injury lawyers help injury victims navigate complex liability claims, including airline negligence. Below, we’ll explore when and how an airline may be held responsible for injuries caused by in-flight turbulence.

Understanding airline liability for turbulence injuries

Airlines are not automatically liable for injuries caused by turbulence, as it is considered a natural and unavoidable part of flying. However, liability may arise if the airline or its crew failed to take reasonable precautions to prevent or minimize injuries. Key factors in determining liability include:

1. Failure to warn passengers

Flight crews must monitor weather conditions and promptly warn passengers when turbulence is expected. Failure to issue adequate warnings—such as instructing passengers to fasten seat belts—could be considered negligence.

For example:

• If turbulence was detected on radar but the crew failed to notify passengers in time, the airline may be liable for injuries caused by passengers being thrown from their seats.
• If the “fasten seatbelt” sign was not turned on when turbulence was reasonably foreseeable, this could indicate a failure in the airline’s duty of care.

2. Negligent pilot or crew response

Pilots and flight attendants are trained to handle turbulence, but errors in judgment or inadequate responses may expose the airline to liability. Examples of crew negligence include:

• Delaying safety announcements despite knowledge of impending turbulence.
• Failing to secure loose objects (such as food carts, luggage, or other items) that could become projectiles during turbulence.
• Improper pilot maneuvers that worsen turbulence-related injuries.

3. Poor maintenance or aircraft defects

While mechanical failures do not cause turbulence itself, certain defects or maintenance issues can exacerbate turbulence risks and lead to severe injuries.

• Faulty seat belts that fail to restrain passengers properly.
• Malfunctioning overhead bins that open and allow luggage to fall.
• Defective aircraft stabilization systems that make turbulence more dangerous than it should be.

If an airline neglected routine maintenance or failed to address known mechanical issues, it could be held liable under negligence or product liability laws.

4. Airline liability under international law (Montreal Convention)

If your turbulence-related injury occurred on an international flight, your claim may be governed by the Montreal Convention, an international treaty that establishes airline liability for passenger injuries.

Under the Montreal Convention (Article 17), airlines are strictly liable for injuries sustained during the course of a flight—meaning you do not need to prove negligence, only that the injury occurred due to an event onboard. However, airlines can avoid liability if they prove the injury was solely caused by the passenger’s negligence (such as ignoring seatbelt instructions).

When airlines may NOT be liable for turbulence injuries

There are situations where airlines may successfully avoid liability, including:

• Sudden, unforeseeable turbulence: If turbulence occurred without warning (such as clear-air turbulence), the airline may argue it was beyond their control.
• Passenger negligence: If a passenger ignored crew instructions, refused to wear a seatbelt, or stood up unnecessarily during turbulence, the airline may not be held responsible.

However, each case is unique, and liability depends on the specific facts of the incident.

What damages can you recover for turbulence injuries?

If an airline is found liable for your injuries, you may be entitled to compensation for:

• Medical expenses – Emergency care, hospitalization, ongoing treatment, and rehabilitation.
• Lost wages – Compensation for missed work due to your injuries.
• Pain and suffering – Emotional distress, trauma, and physical pain.
• Permanent disability – If the turbulence injury results in long-term impairment.

How to strengthen your case against an airline

If you were injured due to turbulence, taking the right steps can help protect your claim:

• Document everything – Take photos of your injuries and any unsecured objects that contributed to them.
• Get witness statements – Fellow passengers or flight attendants can provide testimony.
• Report the incident – Inform the airline and request an official incident report.
• Seek medical attention – Medical records are crucial for proving the severity of your injuries.
• Consult an attorney – Airline liability cases are complex and require legal expertise.

How Lytal, Reiter, Smith, Ivey & Fronrath can help

If you suffered injuries during an in-flight turbulence incident, the legal team at Lytal, Reiter, Smith, Ivey & Fronrath is here to help. Our experienced attorneys can investigate your case, determine whether the airline was negligent, and fight for the compensation you deserve.

Contact us today for a free consultation and let us help you seek justice.