Injured by Turbulence on a Flight: When the Airline Is Responsible

Watch: international vs. domestic flights

International flights: was it an “accident”?

Under the Montreal Convention, the airline is liable for bodily injury caused by an “accident” on board. The Supreme Court’s definition — “an unexpected or unusual event or happening that is external to the passenger” (Air France v. Saks) — is the test. For turbulence, a federal appeals court rejected the idea of a fixed severity threshold and held that the question is whether the turbulence was unexpected or unusual on the facts (Magan v. Lufthansa, 2d Cir. 2003). Ordinary bumps usually aren’t an accident; sudden, severe, or unusual turbulence can be.

If it qualifies, the airline is liable up to 151,880 SDRs (about $206,000) without you proving negligence, and beyond that unless it proves it wasn’t negligent. The airline can argue your own conduct contributed — for example, being out of your seat with the seat-belt sign on.

Domestic flights: negligence

The treaty doesn’t apply to a purely domestic trip. The claim is for negligence, and the questions are practical: Was rough air forecast or reported by other pilots? Was the seat-belt sign on, and for how long? Was the cart still in the aisle? Did the crew make announcements? Florida holds common carriers to the highest degree of care, although some federal courts hold that federal aviation standards set the standard of care for how a flight is operated.

The most common turbulence injuries

• Head and neck injuries from hitting the ceiling or overhead bins.
• Falls in the aisle or galley — including flight attendants and passengers returning from the lavatory.
• Injuries from a beverage cart that breaks loose, and burns from hot liquids.
• Broken wrists, ankles, and shoulders from bracing.

Evidence to save — and to demand

• Your boarding pass, seat number, and the time the turbulence hit.
• Photos of the cabin, the cart, and your injuries; names of crew and witnesses.
• Ask for an incident report before you deplane, and get medical care right away.
• Through a lawyer: the crew’s cabin report, weather briefings and pilot reports of turbulence, seat-belt-sign timing, and flight data. The airline must notify the National Transportation Safety Board of a “serious injury” as federal rules define it (49 C.F.R. §§ 830.2, 830.5).

Deadlines

International flight: two years from arrival, with no tolling (Montreal Convention, Article 35). Domestic flight: Florida’s general negligence deadline is two years for injuries after March 24, 2023 (Fla. Stat. § 95.11(5)(a)), though federal-law issues can affect where and how the case is filed.

A former defense lawyer’s take

Airlines defend turbulence cases with one sentence: “It was unforeseeable clear-air turbulence.” Sometimes it was. But pilot reports, forecasts, and cabin timing often show the warning came early and service kept going. The record exists — it just has to be demanded before it’s gone.

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