Personal Injury Law

Airline Injury Updates

By Editor

The tale of US Airways Flight 1549 is nothing short of amazing. From engine-jamming geese to the harrowing water-landing, this was one full flight.

Thankfully, the passengers and crew all survived. But almost as soon as everyone was back on land safely, some commentators began raising the question of whether personal injury lawsuits would be filed.

In December, at Denver International Airport, a Continental Airlines flight veered off the runway as it was trying to take flight. Although none were killed, 38 passengers were injured. The Aero-News Network is reporting that the first personal injury lawsuits against the pilot were recently filed.

The two passengers filling the lawsuit claim negligence on the part of the pilot.  When asked if similar claims could be made about the pilots of US Airways Flight 1549, many commentators said they didn’t think such claims would hold water.

The problem with such lawsuits, according to Brooklyn Law School tort professor Aaron Twerski, as quoted in the New York Times, is there may be no indication of negligence.

The passengers of Flight 1549 may very well have suffered emotional distress, but proving that the pilot, crew or airline caused the distress through negligence may be a tough sell. Since it is impossible to sue the birds, there may be no cases to be won in this particular situation. But that doesn’t mean some lawyers and wont’ try.

Full post as published by The Injury Blog on January 22, 2009 (boomark / email).