Disabled Passengers Injured During Air Travel: Your Questions Answered

If you have a disability and were injured while flying, you’ll want to know about your legal rights and what steps to take next.

Stoll & Haynes answers some common questions about airline accessibility injuries.

Can I Sue if I Was Injured or Harmed While Flying With a Disability?

It all depends. Generally, you may be able to bring a personal injury claim against an airline if what happened to you was caused by negligence. This means that the airline failed to act with reasonable care, and that failure caused you injury or harm.

Here’s an example:

When Can I Take Action Against an Airline if I Suffered an Injury as a Disabled Passenger?

There are various situations where you may have grounds for legal action. However, you typically need to prove that the airline was negligent, and that negligence led to injury or harm.

Some examples that can result in injury or harm include:

• You asked for wheelchair assistance, but it was delayed or didn’t arrive.
• You were transferred from your wheelchair to a plane seat without proper care or equipment.  
• You weren’t assisted properly when boarding or leaving the plane.
• Your wheelchair or other mobility equipment was mishandled during the flight, affecting your ability to travel safely.

What Laws Protect Airline Passengers With Disabilities?

If you’re an airline passenger with a disability, you’re protected by the Air Carrier Access Act (ACAA), which prohibits discrimination. Airlines operating in the United States must comply with this law.

The U.S. Department of Transportation (DOT) enforces the ACAA. It says airlines must provide disabled passengers with certain accommodations.

Examples include:

If an airline failure causes you an injury, you may have separate legal options under personal injury law in your state. This means you may be able to seek compensation for losses resulting from the injury, such as medical bills and lost wages.

Why Can Things Go Wrong for Airline Passengers With Disabilities?

Airlines are legally responsible for providing disabled airline passengers with certain accommodations, as per ACAA and DOT regulations. However, issues can occur due to various logistical factors:

• Not enough trained staff (cabin crew, ground crew, etc.) available to provide proper assistance
• Difference in training standards between airlines
• Poor communication between teams
• Use of third-party contractors to provide assistance services

For example:

Say you request wheelchair assistance, but it doesn’t arrive because there aren’t enough trained staff available at the airport. An untrained member of staff tries to help you get to your flight, but you end up with a serious injury.

Who’s Responsible for My Injury if a Third Party Provides Wheelchair Assistance?

When flying with a disability, assistance services may be provided by a third-party company rather than the airline or airport itself. This can make it unclear who’s responsible for what happened to you.

So, who’s to blame?

Generally, responsibility falls on whoever was in charge of providing assistance at the time of your injury or harm. However, an airline may still be responsible (or share responsibility) if it arranged this service as part of your travel.

What if I Was Injured While Flying With a Disability — But Didn’t Realize Until Later?

You may still be able to take legal action. Not all injuries are apparent immediately, including the worsening of pre-existing conditions. Disabled passengers injured during air travel may also develop anxiety, PTSD, and other mental health issues.

That said, you’ll want to act as quickly as you can after becoming aware of an injury. Personal injury claims are subject to deadlines known as statutes of limitations, with exact time limits depending on the state you’re in and other factors.

Can Airlines Refuse to Provide Wheelchair Assistance?

No. Under the ACAA, all airlines flying in and out of the U.S. must provide wheelchair assistance to passengers with disabilities on request. However, things don’t always go as planned, and this service may be delayed or not meet the required standards.

Important points to remember:

• If wheelchair assistance isn’t available when you need it, you may be able to file a complaint with the DOT.
• If that lack of assistance leads to an injury, you may be able to file a personal injury claim.

What Should I Do if I Was Injured on a Flight as a Disabled Passenger?

• Get medical care straight away, even if your injuries are minor.
• Write down what happened, when it happened, and who was involved.
• Collect contact details from witnesses who saw what happened.
• Keep flight tickets, boarding passes, and other documents.
• File a complaint with the airline.
• If the airline is unable to resolve the issue, file a complaint with the DOT.

You might want to talk to an airline accessibility lawyer as early as possible. They can investigate the incident, collect evidence, help you file complaints, and pursue compensation for any losses resulting from your injury. These may include medical bills, lost wages, and pain and suffering.

Contact an Airline Accessibility Injury Lawyer

Disclaimer: This article is for general information purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. If you need advice about your specific situation, please contact Stoll & Haynes directly.