Imagine you’re on a domestic flight in Australia, enjoying the scenic views, when the plane unexpectedly hits a patch of turbulence, jolting you out of your seat. The overhead bins rattle, drinks spill, and anxiety sets in. Turbulence, even on seemingly calm flights, can cause unexpected injuries to passengers.

While turbulence is often unavoidable, understanding your rights and the potential avenues for seeking compensation is crucial. This comprehensive guide will help you navigate the complexities of turbulence-related injuries and empower you with the knowledge and steps to take if you find yourself in such a situation.

Understanding Turbulence and Its Impact

Definition of Turbulence

Turbulence is unstable air movement caused by various factors like changes in air pressure, temperature, or wind currents. It can manifest as sudden jolts, drops, or shaking of the aircraft, leading to discomfort and, in some cases, injuries for passengers. However, it’s important to note that while turbulence can cause a plane to drop, most instances of turbulence cause airplanes to drop about 20 to 50 feet, which is not a substantial drop in altitude considering that commercial airplanes fly at roughly 30,000 feet.

Levels of Turbulence

• Light Turbulence: This involves slight, momentary bumps or jolts, causing minimal discomfort and no real risk of injury. Passengers may feel a slight shaking or swaying of the aircraft.
• Moderate Turbulence: This is characterized by larger, more sustained bumps and jolts, causing objects to shift and potentially making it difficult to walk or stand. Passengers may experience a more pronounced shaking or dropping sensation, and unsecured objects may become projectiles.
• Severe Turbulence: This is the most intense type of turbulence, involving significant and abrupt changes in altitude, strong shaking, and the possibility of being thrown about the cabin. Severe turbulence can cause serious injuries, even to passengers who are seated and wearing their seatbelts.

Common Turbulence-Related Injuries

• Obvious Injuries: Bruises, cuts, sprains, fractures, head injuries, and neck injuries are common results of being thrown around the cabin or hitting objects during turbulence.
• Less Obvious Injuries: Turbulence can also cause soft tissue injuries, such as whiplash or back strains, which may not be immediately apparent but can lead to chronic pain and discomfort. In some cases, passengers may also experience psychological trauma, such as anxiety or PTSD, following a particularly frightening turbulence encounter.

Frequency of Turbulence-Related Injuries

While turbulence is a common experience during flights, severe turbulence resulting in injuries is relatively rare. However, it remains a safety concern for passengers and crew. According to the Australian Transport Safety Bureau (ATSB), between 2009 and 2013, there were 677 turbulence occurrences on flights in, to, or from Australia that were reported to the ATSB, with 197 minor injuries and 2 serious injuries to passengers and cabin crew (ATSB Report 2014).

It’s worth noting that turbulence-related injuries are relatively rare in the context of the millions of flights that are operated. The US’s National Transportation Safety Board reported 163 “serious turbulence injuries” on US-based airlines between 2009 and 2022, an average of about 12 per year.

The severity of turbulence-related injuries can vary widely. While some passengers may experience only minor cuts or bruises, others may sustain life-altering injuries.

Remember, prioritizing safety by following crew instructions and wearing your seatbelt whenever advised is crucial in minimizing the risk of turbulence-related injuries.

Legal Grounds for Claiming Compensation

If you’ve been injured due to turbulence on an Australian flight, understanding the legal framework for seeking compensation is essential. There are several legal avenues you may be able to pursue:

Airline’s Duty of Care

Airlines have a legal obligation to ensure the safety and well-being of their passengers, which includes taking reasonable measures to prevent foreseeable injuries. This duty of care extends to all aspects of the passenger’s journey, from embarkation to disembarkation, and includes the safe carriage of their baggage. This duty is enshrined in both common law and statutory provisions:

• Common Law Negligence: Under common law, airlines must take reasonable care to avoid acts or omissions that could foreseeably harm their passengers. This includes ensuring the aircraft is airworthy, the flight crew is competent, and appropriate safety measures are in place.
• Civil Aviation (Carriers’ Liability) Act 1959 (Cth): This Act primarily governs airline liability for domestic flights within Australia. It imposes strict liability on airlines for death or injury caused by an “accident” on board the aircraft or during embarking or disembarking, up to a certain limit.
• The Montreal Convention (1999): This international treaty applies to most international flights to, from, or within Australia and further elaborates on airline liability. It provides for strict liability for damages up to 128,821 Special Drawing Rights (approximately AUD 225,000). For damages exceeding this limit, the passenger needs to prove the airline’s fault or negligence.

Breach of Duty

To claim compensation, you must demonstrate that the airline breached its duty of care. This means they failed to take reasonable steps to prevent your injury, despite the foreseeable risk of turbulence. Some examples of a breach of duty could include:

• Failure to warn passengers of turbulence: If the flight crew had information about upcoming turbulence and didn’t provide adequate warning, allowing passengers to secure themselves and their belongings, this could be considered a breach of duty.
• Inadequate safety measures: If the airline failed to maintain proper safety measures, such as ensuring seatbelts are in good working order, securing loose objects in the cabin, or providing clear instructions during turbulence, they might be held liable.
• Negligent Actions of the Crew: If the flight crew acted negligently during the turbulence, such as continuing service when it was unsafe or failing to assist injured passengers, it could contribute to the airline’s liability.
• Maintenance Issues: If the turbulence was caused or exacerbated by a mechanical failure due to poor aircraft maintenance, the airline could be held responsible.
• Failure to Divert: In cases of severe or prolonged turbulence, the airline may be liable if they failed to take reasonable steps to avoid it, such as altering the flight path.

Contributory Negligence

While airlines have a responsibility for passenger safety, passengers also have a duty to act reasonably and follow safety instructions. If a passenger’s actions contributed to their injury, it may impact the compensation they receive.

For example, if you were instructed to fasten your seatbelt but failed to do so and were injured during turbulence, the airline may argue that you contributed to your injury. This could result in a reduction in the amount of compensation you receive.

This principle is known as contributory negligence, and its application will depend on the specific circumstances of the case.

Types of Compensation

If you are injured due to turbulence and the airline is found liable or negligent, you may be entitled to several types of compensation. It’s important to understand that the specific types and amounts of compensation available will depend on the severity of your injuries, the impact on your life, the applicable laws (whether domestic or international), and the specific circumstances of your case. However, here are some common categories of compensation you may be able to claim:

• Medical Expenses: This includes the cost of ambulance transport, hospital stays, surgery, medications, rehabilitation, and any ongoing medical treatment required due to your injuries. It can also cover the cost of assistive devices, home modifications, or other support services needed as a result of your injuries.
• Lost Income: If your injury prevents you from working, you may be able to claim compensation for your lost wages or income. This can include both past and future lost earnings, depending on the severity and long-term impact of your injuries.
• Pain and Suffering: This covers compensation for the physical and emotional pain and suffering you’ve experienced as a result of the turbulence incident. It aims to acknowledge the impact the injury has had on your quality of life and overall well-being.
• Loss of Amenities of Life: If your injuries have impacted your ability to enjoy activities you previously enjoyed, such as hobbies, sports, or social engagements, you may be able to claim compensation for this loss.
• Psychological Trauma: If you’ve suffered psychological trauma, such as anxiety, depression, or PTSD, due to the incident, you may be able to claim compensation for the cost of therapy or counseling, as well as any associated loss of income or reduced earning capacity.

Remember, seeking legal advice from a qualified personal injury lawyer is essential to understand the specific types of compensation you may be entitled to and to ensure you receive the maximum possible compensation for your injuries and losses.

Evidence Needed for a Compensation Claim

Building a strong compensation claim requires solid evidence to demonstrate the airline’s negligence and the extent of your injuries and losses. Some essential types of evidence include:

• Medical Records: Obtain detailed medical reports from your treating doctors, documenting your injuries, treatment plan, and prognosis. These records are crucial for establishing the nature and severity of your injuries and their impact on your life.
• Witness Statements: If other passengers or crew members witnessed the turbulence incident or your injuries, their statements can be valuable in corroborating your account and demonstrating the severity of the turbulence.
• Flight Records: Request access to the flight logs and records, which may contain information about the turbulence encountered during the flight, the pilot’s actions, and any announcements made to passengers. These records can help establish whether the airline took reasonable steps to avoid or mitigate the turbulence and warn passengers.
• Incident Reports: Obtain a copy of any incident reports filed with the airline or aviation authorities, such as the Australian Transport Safety Bureau (ATSB). These reports can provide important details about the circumstances of the incident and the airline’s response.
• Photos and Videos: If possible, take photos or videos of your injuries and any damage to your belongings caused by the turbulence. Visual evidence can be compelling and help illustrate the impact of the incident.

Preservation of Evidence

It’s crucial to collect and preserve evidence as soon as possible after the incident. Memories fade, and evidence can be lost or destroyed over time. If you’re unable to gather evidence yourself due to your injuries, ask a friend, family member, or lawyer to assist you.

These revisions enhance the sections by providing additional information, legal context, and emphasizing the importance of evidence and timely action in pursuing a successful compensation claim.

Steps to Take After a Turbulence-Related Injury

Time Limits for Filing a Claim

In Australia, the time limit for filing a personal injury claim, including those related to turbulence injuries, is generally three years from the date of the injury. However, there are exceptions, such as:

• Minors: The limitation period for minors starts from their 18th birthday.
• Mental Incapacity: If you were mentally incapacitated at the time of the injury, the time limit may be extended.
• Discovery of Injury: If you didn’t discover your injury until later, the time limit may start from the date of discovery.

It’s crucial to seek legal advice promptly to ensure you understand the relevant time limits and don’t miss the deadline for filing your claim.

Frequently Asked Questions (FAQ)

Conclusion

Turbulence, while a common part of air travel, can sometimes lead to unexpected injuries. If you’ve been injured due to turbulence, understanding your rights and the process for claiming compensation is crucial. By taking prompt action, gathering evidence, and seeking legal advice, you can protect your rights and increase your chances of receiving fair compensation for your injuries and losses.

Remember, you don’t have to navigate this process alone. Contact a qualified personal injury lawyer today for a free consultation and let us help you get the compensation you deserve.