Watch: the one thing you have to prove after a fall
Airline, airport, or contractor?
Where you were and who was in charge of that space usually decides who is responsible.
- On the jet bridge, at the aircraft door, or being escorted to or from the plane: often the airline.
- Terminal floors, escalators, restrooms, and walkways: usually the airport operator — at MIA, Miami-Dade County’s Aviation Department — or a maintenance contractor.
- Wheelchair assistance, baggage, or ground-handling crews: often a private contractor hired by the airline or the airport.
- TSA security checkpoints: the federal government, through the Federal Tort Claims Act — an administrative claim within two years, not the county process below.
International flights: “embarking or disembarking”
The Montreal Convention makes the airline liable for bodily injury from an accident that happens on board or “in the course of any of the operations of embarking or disembarking.” Courts decide whether you were embarking or disembarking by looking at your activity, your location, and whether the airline was in control of you — the approach from Day v. TWA (2d Cir. 1975), which a Miami federal court applied to an incident at an MIA gate (Marotte v. American Airlines, S.D. Fla. 2001, affirmed by the Eleventh Circuit in 2002). If the treaty applies, it is the exclusive claim against the airline, and the two-year deadline is absolute.
Domestic flights
For domestic travel, the claim against the airline is for negligence under state law. Airlines are common carriers, which Florida holds to the highest degree of care toward passengers.
Claims against Miami-Dade County
When the airport itself is responsible, Florida’s sovereign-immunity statute (Fla. Stat. § 768.28) controls:
- Caps: $200,000 per person and $300,000 per incident. Anything above that requires a claims bill from the Legislature. A 2026 bill to raise the caps was vetoed on June 30, 2026, so these limits remain.
- Notice: written notice of the claim to the county within three years. (Notice to the Department of Financial Services is not required for claims against a county.)
- Waiting period: the county has six months to respond before a lawsuit can be filed.
- Deadline to sue: four years for negligence claims against the government.
Private contractors at the airport don’t get these caps, which is one reason identifying the right defendant matters.
What to do at the airport
- Report the injury to the airline and to airport staff, and ask for a copy or report number.
- Photograph exactly where it happened — the spill, the broken step, the gap at the jet bridge.
- Get names of the employees and any wheelchair or escort attendant.
- Ask that video be preserved; airports have extensive cameras, and footage is overwritten.
A former defense lawyer’s take
Airport cases are a finger-pointing exercise by design: the airline blames the county, the county blames a contractor, the contractor blames the passenger. The winner is the side that pins down, early, who controlled that exact spot at that exact minute — and gets the video before it’s gone.
Frequently asked questions
Is the airline responsible if I fall on the jet bridge?
Often. For international flights, injuries while embarking or disembarking can fall under the Montreal Convention, and courts look at your activity, location, and the airline’s control. For domestic flights, the claim is for negligence under state law.
Can I sue Miami International Airport?
MIA is operated by Miami-Dade County, so claims against it fall under Fla. Stat. § 768.28: damages are capped at $200,000 per person and $300,000 per incident, written notice is required within three years, and the county has six months to respond before suit.
Were Florida’s sovereign immunity caps raised in 2026?
No. A 2026 bill to raise the caps passed the Legislature but was vetoed on June 30, 2026, so the $200,000 / $300,000 caps remain.
What if a wheelchair attendant dropped or injured me?
Wheelchair and escort services are often run by private contractors hired by the airline or airport. Depending on the flight, the airline may also be responsible under the Montreal Convention.
How long do I have to file?
Against an airline on an international flight, two years under the Montreal Convention. Against Miami-Dade County, notice within three years and suit within four. Against private parties, generally two years in Florida.
Talk to a former insurance-defense attorney
You'll speak with Emanuel Galimidi. He spent nearly two decades on the insurance side. Now he's on yours. The case review is free, and there are no fees or costs unless we recover for you.
Call 786-442-2873