Flying is normally safe, although harsh landings, turbulence, and other elements encountered during a flight could potentially result in bodily injury. However, just because an individual is harmed while traveling by air does not mean they are entitled to compensation from the airline. Instead, they must prove the airline’s negligence proximately caused their injuries. If they neglect to provide such evidence, their claims could be discharged, as illustrated in a recent Florida case. If you suffered harm on an airplane, you might be entitled to damages, and it is advisable to speak with a Florida personal injury lawyer about your options.
The Injuries Sustained by the Plaintiff
Allegedly, the plaintiff sustained injuries while flying due to a bumpy landing. She claimed she suffered back injuries, including a fracture of her vertebra, as a result of the flight crew’s failure to supervise the plane’s approach speed and rate of descent, which resulted in a forceful landing. She then filed a lawsuit in federal court asserting negligence claims against the defendant. The defendant filed a motion asking the court to grant summary judgment, claiming that the plaintiff’s claims must be dismissed because she failed to show the defendant caused the plaintiff’s harm.
Proving Causation in Personal Injury Matters in Florida
The court agreed with the defendant’s assertions and ultimately granted the motion. Under Florida law, a plaintiff must establish that a defendant owed the plaintiff a duty to exercise reasonable care, that the defendant violated that duty, and that the violation proximately caused the plaintiff to incur damages, in order to sustain a claim for negligence. Florida employs a preponderance of the evidence standard for causation in negligence cases; in other words, a mere possibility of a causal link is insufficient to establish fault. In negligence cases, when the causative relationship between purported harm and the accident in question is not evident to the average person, expert medical testimony is frequently required.
Because of the character of the plaintiff’s allegations and her prior back issues, the court found that she needed expert medical testimony to establish the causation element in the subject case. Because she failed to offer such evidence, the court decided summary judgment was warranted. The court explained that, because the plaintiff had the burden of proving causation at trial, the defense just had to establish that the plaintiff’s case was not supported by evidence. In sum, because the plaintiff failed to meet her burden of proof and the defendant adequately illustrated her failures, the court granted the defendant’s motion for summary judgment.
Discuss Your Harm with a Skilled Florida Lawyer
Forceful landings and other risky situations on flights can result in painful injuries, and passengers who have been injured while traveling may be able to file a claim against the airline. If you were hurt while flying, you should contact an attorney to discuss your options. The skilled Pensacola personal injury lawyer of Cardoso Law, PLLC, can assess the circumstances surrounding your harm and help you to seek the best legal result possible under the facts of your case. You can reach us via our form online or by calling us at (850) 466-2073 to set up a meeting.
