Hurt on a Flight or in a Plane Accident? Which Rules Apply

Which rules apply depends on the whole trip, not just where the plane was. Your ticket, your itinerary, and who was careless all matter. Some deadlines run two years from arrival, not from the injury. Tell us your itinerary and we will explain which rules apply.

This page covers injuries on flights, boarding falls, small planes and charters, and deaths. It is general information and it stays general.

Free consultation. Call (305) 209-0384. Answered 24/7. Se habla español.

Start with three things today:

1. Get medical care and keep every record.
2. Keep your ticket and boarding pass. Note every landing date.
3. Ask before signing any release or voucher.

Hurt on a flight: does Florida apply?

Not just because the plane was over Florida. Where the plane was decides little.

Your itinerary decides whether the treaty applies. The court depends on the trip.

• On a treaty trip, the treaty lists the places you can file. That includes the destination and, with conditions, your home.
• On other trips, the defendant's Florida ties decide it.

We cannot promise a Florida court.

Was my flight domestic or international?

Read the whole itinerary, not just the leg where you were hurt. A short domestic leg of an overseas trip can be treaty travel.

Some one-way trips fall outside the treaty. Some trips fall under an older treaty or other law. Bring us the full itinerary and we will sort it out.

What rules cover a flight inside the U.S.?

Usually state negligence.

Airlines often argue that federal law blocks claims about service. Physical-injury claims stand firmer, but the wording of the claim matters. Medical proof of causation can decide the case.

What does the Montreal Convention do for me?

On a covered international trip, it can help you. It also limits you.

• First tier. The first tier is 151,880 Special Drawing Rights (SDRs), according to ICAO, the international civil aviation body. You do not have to prove carelessness for that tier. You must still prove an accident and your damages. An SDR is an IMF unit whose dollar value changes daily, so we give no dollar figure.
• Above it. The airline must prove it was not negligent, or that only someone else was.
• Your own fault counts.
• Other claims. For injuries on board or during boarding on a covered trip, it generally replaces other claims against the airline and its agents. What it disallows may be gone.
• Others. Airports and manufacturers are different.
• No punitive damages.

What counts as an accident?

An unexpected or unusual event outside you. Courts apply the idea flexibly. One unusual link in the chain can be enough.

• Your body's reaction to a normal flight is not an accident.
• Your own illness is not. But an unusual refusal to help can be.
• Fear alone falls short. With a physical injury, mention the emotional harm too.

Is turbulence an accident?

Normal bumps are part of flying. Severe turbulence may be argued. Courts decide on the facts.

Not wearing your seat belt can reduce your recovery, sometimes to nearly nothing. In a Florida negligence case, if you were more than half at fault, you may recover nothing.

On a domestic flight, the question is whether someone was careless.

A bag, cart or hot drink hurt me. Do I have a claim?

It depends. There is no flat yes.

• Treaty trip: was it an accident?
• Domestic flight: who was careless, the crew or another passenger?

When a crew member's act causes the physical injury, the claim stands firmer against the federal-law argument.

I fell boarding or getting off. Now what?

On a treaty trip, courts weigh four things:

• Your activity.
• Your location.
• The airline's control.
• How close you were to boarding.

The injury must be closely tied to the act of boarding. Being in the terminal alone does not take you out of the treaty. There is no flat yes for stairs.

Outside the treaty, who controlled the area matters.

Small plane, charter or helicopter: what changes?

A paid charter round trip abroad can fall under the treaty. A friend's free flight likely does not.

Otherwise, the claim is usually state negligence against the pilot, the operator, or the maintainer.

Who can be responsible?

More than one party may be in the picture:

• The airline.
• The contracting carrier and the actual carrier.
• A vendor.
• The airport operator, under different rules.
• The pilot, the operator, or the charter company.
• A maintenance shop.
• The maker. See products liability.
• The United States, for air traffic controllers.

An aircraft owner may or may not be a proper defendant.

The aircraft was old. Is it too late?

Maybe not. Against the maker, two time bars can apply. Do not assume you have any set number of years.

Federal bar. For general aviation makers, 18 years from delivery. A new part may restart it for that part, but only if that part caused the crash, and not every change counts. Exceptions exist. By its words it does not protect pilots or mechanics, and it excludes scheduled airliners. Certified helicopters may qualify.

Florida bar. Florida has its own bar on product claims, wrongful death included. It can come sooner: 12 years from delivery for many aircraft. Aircraft used in commercial or contract carrying of passengers or freight get more time, but the federal 18 can still apply. A longer written warranty, a late-appearing injury, or a concealed defect can change the count.

Get the delivery date early.

Who files for our family?

The personal representative files, for the survivors and the estate. Survivors are listed by category.

That covers most Florida deaths, not all.

The plane went down offshore. Does that change things?

It can.

For most deaths, federal law can apply past 3 nautical miles. For commercial aviation, the line is 12. Where it applies, it displaces state statutes.

• Past 12, commercial: financial loss, plus loss of care, comfort and companionship. No punitive damages.
• Non-commercial: financial loss only.

Florida's waters may run farther than 3 miles, especially on the Gulf side. Do not count on a number. Call us and we will look at where it happened.

How long do I have?

Treat the shortest deadline as yours.

• Treaty claims: two years from arrival or the listed dates, not from the injury. Do not count on anything pausing this deadline.
• Florida negligence and wrongful death: two years.
• Product injury: four years on the statute, but treat two years as your date.
• Product death: two years.
• Very old aircraft: see the section above.
• Public bodies and the United States: written-claim rules apply.

Do not count on an airline's claim portal to stop the clock. Deaths over the ocean can run on a different clock, so treat two years as your limit.

The Florida periods assume Florida law applies. Treaty and federal deadlines do not. Call early.

What do I do first?

1. Tell the crew before you leave. Ask that it be recorded.
2. Take medical help. See a doctor soon, and keep records linking the injury to the flight.
3. Note every landing date. Count from the first landing after you were hurt.
4. Keep your ticket.
5. Be careful with recorded statements.
6. Get advice before signing any release or voucher.
7. Do not wait for the NTSB report. Federal law limits its use.

Frequently Asked Questions

Can I sue an airline in Florida if I was hurt on a flight?

Not always. Where the plane was decides little. On a treaty trip, the treaty lists where you can file. On other trips, the defendant's Florida ties decide it. We cannot promise a Florida court.

Is turbulence an accident?

Normal bumps are part of flying. Severe turbulence may be argued, and courts decide on the facts. Not wearing your seat belt can reduce your recovery.

How long do I have to make a claim after a flight injury?

On a treaty trip, two years from arrival or the listed dates, not from the injury. Florida negligence and wrongful death claims are two years as well. Treat the shortest deadline as yours, and do not count on anything pausing it.

What does the Montreal Convention cover?

On a covered international trip, it sets a first tier of 151,880 SDRs, according to ICAO, with no carelessness proof for that tier. You must still prove an accident and your damages. It does not allow punitive damages.

I fell boarding the plane. Is that covered?

Maybe. On a treaty trip, courts weigh your activity, your location, the airline's control, and how close you were to boarding. There is no flat yes.

The airline offered me a voucher. Should I sign?

Get advice before signing any release or voucher. Keep the offer and your ticket, and call us first.

Can I bring a claim if my family member died in a plane accident?

The personal representative files, for the survivors and the estate. That covers most Florida deaths, not all. Offshore crashes and international flights can follow other rules.

What if the aircraft was old?

It may not be too late. Two time bars can apply against the maker, one federal and one Florida. Get the delivery date early.

Does it cost anything to talk to a lawyer?

The consultation is free. Call (305) 209-0384. We answer 24/7, and we speak English and Spanish.

Talk to us

Free consultation. Call (305) 209-0384. Answered 24/7. Se habla español.

Tell us your itinerary. We will explain which rules apply.

Related pages: Personal Injury, catastrophic injury, and products liability. You can also contact us online.

This page is general information, not legal advice. Every case is different, and past outcomes do not guarantee a result. Reading this page does not create an attorney-client relationship.

Last updated: November 2026.