Injuries to Disabled Passengers

A disabled or injured passenger who has been injured by an airline or contractor while traveling has a right to recover for these injuries. Disabled passengers who have been discriminated against by an airline also have a right to recovery. There are rules in place that are meant to protect disabled passengers, our firm holds airlines responsible when they run afoul of those rules.

Unfortunately, disabled or elderly passengers are injured on commercial flights during transfers or when they are deprived of appropriate mobility assistance.

If you are a disabled passenger who has been injured during a flight there are several ways to hold the airline accountable. Under the Air Carrier Access Act (recently amended and effective May 13, 2009) the Department of Transportation can assess a monetary penalty against the airline. The current civil penalty per violation of the air carrier access act is $27,500. Any monetary sums collected as a penalty go to the Department of Transportation and not the disabled passengers.

Disabled passengers may also bring a separate lawsuit against the airline or mobility assistance provider to recover for their injuries. This is where our firm comes in. We file claims against airlines on behalf of disabled passengers who have been injured during a flight due to the airline's negligence. It is important however to also file a claim under the Air Carrier Access Act within a very short period of time after the date of the injury. Recently the Department of Transportation only investigated those claims made within six months of injury.

Some of the claims that we have handled include failure of an airline to provide a wheelchair to a disabled passenger, causing injury, failure of an airline to properly strap in or secure a disabled passenger when moving the passenger, causing a fall, and failure to assist a disabled passenger with their carry on luggage, resulting in injury.