Liability in Air Travel Turbulence Injuries in Kentucky
Turbulence is a common and often unpredictable aspect of air travel. While most instances are minor, some can lead to significant injuries for passengers and crew alike. When injuries do occur, it raises a crucial legal question: who is liable?
At Wilson & McQueen, PLLC, our attorneys have over 90 years of combined experience to make sure you’re represented and compensated fairly. We’re the law firm in Lexington, Kentucky that cares, and we’ll work for the results you need.
Discover the liability difficulties in air travel turbulence injuries, how Kentucky law intersects with federal aviation rules, and what rights injured passengers may have to pursue a personal injury claim.
Turbulence and Its Risks
According to the FAA, turbulence refers to the irregular motion of air that results from various atmospheric conditions, such as jet streams, thunderstorms, or wake turbulence from other aircraft. While pilots are trained to anticipate turbulence, not all instances can be predicted or avoided.
In serious cases, turbulence has caused passengers to be thrown from their seats, overhead compartments to open and drop luggage, and crew members to fall or crash into equipment. Injuries from turbulence can include:
Head trauma
Spinal injuries
Broken bones
Lacerations
Soft tissue damage
These incidents often lead to medical treatment, missed work, emotional distress, and long-term physical complications—core concerns in a personal injury case.
Who Is Responsible When Turbulence Causes Injuries?
Determining liability can be difficult, especially given the nature of air travel. Generally, airlines have a duty of care to their passengers, which includes keeping them safe from avoidable harm. However, turbulence is a natural phenomenon, and not all injuries stemming from it result from negligence.
Many air travel instances can cause injuries. Liability may hinge on the following:
Whether the turbulence was foreseeable
The airline’s efforts to warn passengers
Whether seatbelt signs were appropriately used
Crew conduct before, during, and after turbulence
Airplane maintenance and interior safety measures
Because many factors determine who is responsible for personal injury received during air travel, our attorneys at Wilson & McQueen, PLLC, will meticulously review the data and information provided to represent your best interests.
Negligence in Personal Injury Cases
In personal injury law, proving negligence is often central to recovering compensation. To establish negligence in a Kentucky court, the injured party (plaintiff) must prove:
The defendant owed a duty of care
The duty was breached
The breach caused the injury
The injury resulted in damages
In a turbulence injury, for example, an airline might be found negligent if the flight crew failed to turn on the seatbelt sign despite turbulence warnings or if they failed to secure overhead bins, resulting in falling objects.
The Federal Preemption of Aviation Claims
It’s important to note that much of air travel is regulated at the federal level. The Federal Aviation Administration (FAA) sets standards for airline operations, including safety protocols for turbulence and crew conduct.
Under the Federal Aviation Act, many personal injury claims related to in-flight operations fall under federal preemption, meaning that federal laws take precedence over state laws. However, personal injury claims can still be brought in state court, as long as they don’t conflict with federal regulations. Courts have jurisdiction when:
The airline is based in or operates in Kentucky
The plaintiff resides in Kentucky
The injury occurred on a flight connected to Kentucky
Our attorneys at Wilson & McQueen, PLLC, will help you understand who has jurisdiction and provide you with the best service we can offer.
Kentucky Law and Personal Injury in Aviation
Kentucky follows a comparative negligence system, meaning an injured party can recover damages even if they’re partially at fault for their injury.
For example, if a passenger ignored the seatbelt sign and was injured during turbulence, a court might assign a percentage of fault to that passenger. That percentage would reduce their recovery, but not necessarily bar them altogether.
Statute of Limitations in Kentucky
In Kentucky, the statute of limitations for personal injury claims is one year from the date of injury. This is shorter than in many states and applies regardless of whether the case involves aviation. Missing this deadline can permanently bar recovery, so timely action is crucial.
Common Defendants in Turbulence Injury Cases
There are three main parties involved in turbulence injury claims. These three main parties are:
The Airline
Airlines are typically the primary defendant in turbulence-related injuries. They can be held liable if they:
Ignored turbulence forecasts or warnings
Failed to warn passengers or secure the cabin
Improperly trained crew members
The Pilot or Flight Crew
Although individual crew members are rarely sued directly, their actions can contribute to the airline’s liability. Poor communication, delayed announcements, or failure to enforce seatbelt usage may support a negligence claim.
Aircraft Manufacturers
If the injury resulted from a mechanical failure, such as defective seatbelts or faulty overhead bins, a product liability claim against the manufacturer may be viable. These cases often involve deeper technical analysis and testimony.
Real-Life Examples of Turbulence Injuries
Turbulence injuries are more common than you may think. While not all publicized cases are based in Kentucky, they illustrate common scenarios:
In 2019, severe turbulence on a flight from Santa Ana, CA to Seattle injured five passengers. Despite warnings, the incident was considered an “unexpected pocket” of clear-air turbulence.
In 2023, a Kentucky-based family filed suit after a flight from Louisville experienced violent turbulence, alleging the airline failed to activate the seatbelt sign in time.
These cases typically rest on documentation, such as flight data, weather forecasts, FAA advisories, and crew reports.
Evidence in Turbulence Injury Cases
Successful personal injury claims often rely on detailed evidence. In the context of turbulence injuries, evidence may include:
Flight data and cockpit recordings
Weather forecasts and FAA turbulence advisories
Passenger and crew witness statements
Medical records
Airline internal policies
Legal firms often use knowledgeable witnesses—aviation professionals, meteorologists, or medical doctors—to strengthen the case.
Damages Available in a Kentucky Personal Injury Claim
No one wants to be a victim of personal injury, especially while on a flight. The victims of turbulence injuries may be entitled to several types of damages:
Medical expenses: Emergency care, surgery, physical therapy, ongoing treatment
Lost wages: For time missed from work
Loss of future earning capacity: For long-term disability
Pain and suffering: Physical and emotional distress
Loss of consortium: For the impact on relationships and family life
Under Kentucky law, punitive damages may also be awarded in cases of gross negligence, though this is rare in turbulence injury cases unless egregious conduct is proven.
What Should You Do If Injured During Turbulence?
Passengers injured during a flight should take immediate steps to protect their health and legal rights:
Seek medical attention immediately, even if injuries appear minor.
Report the incident to the flight crew and document everything.
Keep a record of all expenses and communications with the airline.
Consult a personal injury attorney with experience in aviation law, especially one licensed in Kentucky.
Prompt action can make the difference in gathering evidence and filing a successful claim before the statute of limitations expires. If you experienced personal injury during turbulence, contact us to get you the help you need.
Contact Wilson & McQueen, PLLC, Today
In Kentucky, victims have a right to pursue compensation through personal injury claims. Whether it’s a failure to secure the cabin or to warn passengers properly, airlines have a duty to exercise reasonable care. Wilson & McQueen, PLLC, serves Lexington, Kentucky and the surrounding areas, including London, Georgetown, Richmond, and Nicholasville. For all your personal injury questions, contact us today.