Did you know that the most common cause of injury in air travel is baggage falling from overhead bins ? Approximately 4,500 passengers are injured due to falling baggage every year.
These accidents can cause permanent injury to the head, spine or shoulders of innocent passengers, as these body parts are the most vulnerable targets for objects striking from above. However, not all of these accidents are due to passenger interaction. Before the plane lands and your fellow passengers start gathering their belongings under the seat in front of them and racing for their overhead bags, if a bin pops open and the contents cause injury, there may be redress against those responsible.
My friends at the New York City law firm of Bohrer & Lukeman have successfully represented passengers injured by bin malfunctions which cause luggage to fall unexpectedly. In some cases, the bin “pops” open because another passenger has overstuffed it and the flight attendants have failed to properly inspect the aircraft. Moreover, if the accident and injury occurs during the course of an international flight, the airline may be liable under the Montreal Convention and may be required to pay damages for the actions of another passenger. For more on these international flight bin injury cases, visit the Bohrer & Lukeman web site.
Bottom line, proving negligence and a passenger’s liability for overhead bin luggage injury may be difficult, whereas a defective overhead bin incident may be a product liability case and international laws may apply. If you or someone you know or care for has been injured as the result of an airport terminal, airplane or other air travel related accident and there are questions about what laws apply, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once.