Visitor Question

Twisted Knee on an Airplane…

Submitted By: Patrick (Phoenix)

While trying to get to my window seat on an airline flight my left foot caught on the carpet causing a stumble, which twisted something in my knee and it popped. This happened in Phoenix on the 24th of February.

I have been to doctor and they believe I have significant knee damage. An x-ray revealed a bone chip behind the knee where the twisting had come from. I was advised to see an orthopedic surgeon and obtain an MRI. I’m wondering if the airline can be held responsible for my injuries? Thank you for your advice in advance.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Patrick,

Patrick:

From the facts you present it is likely the airline is liable for your injury and the resultant costs of your present and future medical treatment. To strengthen your claim it would be good if at or about the time of the injury you reported it to one of the flight attendants. If you did there should exist an Aircraft Incident Report. If so, requesting a copy would be one of the first steps you should take.

Absent intervening factors, the airline’s liability should be clear. Common intervening factors have been the intoxication of a passenger, a passenger behaving in such a manner as to have been reckless, endangering himself or others, or a passenger violating a flight attendant’s order to take a seat as the aircraft was preparing for takeoff or landing.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: February 28, 2011

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