Who is liable for my slip and fall injury at the airport?
The idea of travelling to the airport always comes with a lot of excitement and anticipation. When you leave for your flight, either on a business or a personal trip, the idea of an airport accident could be the last thing on your mind.
Unfortunately, so many things can go wrong at the airport before you board your flight. Icy pavements, uneven sidewalks, dangerous stairs, wet or slippery floors are common hazards that can turn your much-anticipated travel into a nightmare. You might also wonder if you stand any chance of being compensated for your damages and what legal actions you should take. It is absolutely crucial to know who is liable for your slip and fall accident at an airport for the best outcome of your injury claim.
Who is to Blame for an Airport Accident?
The negligent party or parties can be held accountable for your slip and fall accident. The airport owner, businesses that operate at the airport, airport manager, airlines, or even other travellers can be responsible for an airport accident. However, if you are involved in an accident involving airlines, you don’t have to prove negligence.
Determining Fault in an Airport Accident
Determining fault can be a complex process. Whereas all of the parties mentioned above have a duty of care to ensure the airport grounds are safe for everyone, liability can be disputed. Therefore, it becomes your responsibility as the victim to prove that the negligent parties failed in their duty owed to you, resulting in an accident and serious injuries.
However, with a good airport accident attorney’s help, you can easily determine fault and hold the liable parties accountable. The only exception was when you were hurt while onboard a plane or while boarding or alighting. In such a situation, an airline may be held accountable for your accident without necessarily proving liability.
Airport Accident Regulations
Most airports are partly owned and run by the government. When an accident occurs at such airports and the government entity managing it is the liable party, you should file a Notice of Claim no later than 90 days from the accident date. A notice of claim is one of the many special liability rules that apply whenever a claim is brought against a government or entity.
When it comes to accidents involving a private business, you will need to prove the liable party’s or parties’ negligence to determine fault. Airport accidents involving an airline must pass through the Montreal Agreement for a successful claim. You can file a lawsuit against an airline without proof of negligence. However, the most you can get out of such a claim is $150,000. Where it is established that you were partly responsible for your slip and fall accident, you can be compensated according to the rules of comparative negligence. For example, if you were 30% at fault for your accident, you can only collect around 70% in compensation.
Take Legal Action
An airport slip and fall accident can be devastating, and the injuries sustained can be severe. Filing for a personal injury claim, dealing with the liable parties, their lawyers, and insurance companies is a long and daunting process. However, having a competent airport accident attorney by your side can lighten the burden and even lead to a successful claim.
