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Is It Safe to Fly Right Now? Here's What Experts Have to Say

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Is It Safe to Fly Right Now? Here's What Experts Have to Say

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We spoke with medical, aviation, and travel experts to answer the question of whether or not it's safe to fly during the pandemic. The answer is complicated, full of caveats, and, ultimately, a personal decision.

Last summer, after months of stay-at-home orders and closed borders, cities around the world began the process of reopening, travel restrictions started to soften, and leisure travelers were itching to hit the road again. We saw travelers dip their toes back in with road trips, daylong excursions, and camping getaways, while others headed back into the sky.

As we look toward summer travel this year, you might be wondering: Is it safe to fly right now? According to the medical, mathematical, aviation, and travel experts we spoke with, the answer is complicated and comes with numerous caveats. While it may be safe to fly, that doesn't mean it's without risk. Ultimately, flying during the pandemic requires weighing the many variables and deciding how comfortable you feel getting back on a plane. Here's what the experts have to say.

How clean is the plane?

While specific cleaning procedures and the frequency with which they're carried out vary by airline, most major carriers are disinfecting planes between flights, giving extra attention to high-touch surfaces and bathrooms. Additionally, airlines like United, JetBlue, Hawaiian, Delta, and Southwest have implemented electrostatic antimicrobial sprays to thoroughly disinfect every nook and cranny of the cabin, either overnight or between certain flights.

However, some fliers we spoke with have noted a slump in enhanced cleaning practices on board over time, particularly in the cabin, citing leftover wrappers, crumbs, or smudges in their seating area, though this depends on the specific airline and flight. Luckily, any lack of visible cleaning is something passengers can rectify on their end by wiping down their personal area as soon as they board. Most airlines offer disinfectant wipes or hand sanitizer, though all of the experts we spoke with suggested bringing your own just to be safe.

Many airplanes also use HEPA filters, which completely refresh the cabin air throughout the flight and work to filter out over 99% of airborne viruses, bacteria, and other contagions. However, as reported in an August 2020 National Geographic article, that's only effective for air that has made it through the filtration system. If you're sitting next to someone who is shedding the virus and not wearing a mask, you run the risk of inhaling virus particles before they can be filtered through the HEPA system. Plus, some airplane filtration systems do not start running at full capacity until the aircraft is airborne, meaning the air is not being recycled and filtered at the same rate when the plane is taxiing or grounded. That's why wearing masks as much as possible for the duration of a flight is imperative.

Is it safer to fly domestically or internationally?

Travelers should consider the same factors - safety protocols, seat spacing, aircraft cleanliness, and flight time - for both types of flights. The main differentiating points to look at when deciding whether to fly domestic or international don't actually have to do with the flights themselves, but focus rather on external variables, such as where you're going, infection levels at your destination, what precautions are in place, if you'll have access to adequate health care, and any travel restrictions or quarantine rules.

Dr. Winfried Just, a researcher in mathematical epidemiology and professor at Ohio University, and Dr. Georgine Nanos, a board-certified physician specializing in epidemiology, both agreed that a long-haul flight could be riskier, but only because it leaves the door open that much longer for potential exposures. Longer flights mean more people using the bathrooms, more instances of masks being removed (even if just temporarily for eating and drinking), more exposure to anyone nearby who might be shedding the virus, and so on. Since both domestic and international flights can last anywhere between one hour and double-digits, it's safer to choose destinations with shorter overall flight times.

Flying internationally carries a few pros that many domestic flights do not, namely due to the entry requirements of several overseas destinations. Many times, proof of a negative COVID-19 test taken preflight or an on-site PCR test at the airport is required to board the plane. While pretesting functions as a way to keep any COVID-positive passengers from boarding flights, it's not a foolproof method. As reported in early December, a couple tested positive before their flight from California to Hawaii, but managed to get on board anyway.

When it comes to flying during the pandemic, safety is measured on a sliding scale. Dr. Just cautions that "safe is never 100% safe," since it's impossible to completely eliminate risk.

Consider safety protocols and enforcement.

There is evidence that wearing a face mask is key to preventing the spread of SARS-CoV-2, the coronavirus that causes COVID-19, making this one of the easiest ways to help mitigate risk while traveling. The U.S. Centers for Disease Control and Prevention (CDC) came out with a statement saying that masks not only protect the wearer, but also people around them.

Thankfully, every domestic airline in the U.S. and most international airlines have adopted and currently enforce a mandatory face covering policy - not only on planes, but in the airports as well - unless you are actively eating and drinking. Since PPE is more readily available, most airlines have appropriate masks available for noncompliant passengers or those wearing ineffective face coverings. There are also heavy consequences for passengers who refuse to wear a mask when required, including being banned from the airline. So far, hundreds of passengers have been added to airlines' no-fly lists for noncompliance.

Additionally, some airlines have either suspended or limited food and drink service, removed literature in seatback pockets, and done away with any other nonessential service touch points that could elevate risk. In order to limit exposure, travelers are also being asked not to wait in the aisles or galley for the lavatory.

Space is key.

Another major factor to consider when assessing the safety level of your flight is space. It's worth researching the amount of space between passengers on your aircraft. More people means more possible exposures, which gets risky, especially when coupled with poor social distancing. However, major domestic airlines are no longer blocking middle seats as of this month.

Brian Kelly, CEO and founder of The Points Guy, suggests looking into the aircraft that is scheduled for your flight. "International travel is off a cliff, and airlines are going to start putting bigger jets back on the market," he explained. On his United flight from Newark to Los Angeles in June, the airline swapped out the small plane that usually flies the route for a wide-body 787, which Kelly said is typically flown on long-haul flights to Israel. The larger plane created more space in all cabins, but was a specific plus for Kelly, who snagged extra privacy (and protection) in a pod-like business class seat.

Is it safer in business or first class?

For travelers wondering whether it's worth splurging for a seat in business or first class for added safety, it depends. While the experts agreed that there is likely to be more overall space, especially between passengers in first class, it's probably not going to make much of a difference, unless you're in a particularly secluded seat or suite.

It's also worth noting that while those seated in coach still have minimal or no food and drink service, upper class service is making a slow return with meal selections that go beyond snack boxes and drink options that include beer and wine. Keep in mind that the added food and beverage choices create more opportunity for people to take off their masks during a flight.

Expect changes in flight schedules.

Due to the massive drop in demand, airlines have made cuts to their flight schedules. While flights are operating at much higher percentages than a year ago, some airlines are still operating fewer routes. Fewer available flights means a smaller breadth of options when it comes to choosing what time or day to fly. Ideally, you should aim for nonpeak flight times, but it may just come down to what's available. As demand rises and airlines test their legs and schedules, domestic flights are more likely to ebb and flow, so expect disruptions, sudden changes, and/or flight consolidations. Depending on demand, the airline may change, cancel, or rebook you.

Is it safe to fly with family or friends?

If you're traveling with anyone else - be it family, friends, or a significant other - consider yourselves as one unit. "Family should sit together," said Dr. Just. "Significant others and close friends, they should sit together - and away from others." Splitting up or dispersing around the plane only increases the amount of exposure of the unit. Anyone traveling together should stick together and socially distance from other travelers.

Are there alternative options to commercial flights?

For those who can afford it, private charters offer a safer space, control over the details, and overall less risk than commercial flights. Andy Christie, global private jets director at Air Charter Service, a global charter brokerage service that helps connect travelers with private charter flights, said that taking a private charter flight can almost "completely minimize the risk of transmission," simply by reducing the number of contact points and exposures. Private charters eliminate the need to wait in lines, share a plane with strangers, or even step foot inside a terminal.

The hop-on, short-haul jet service JSX offers a compromise: a private jet experience at near-commercial prices (fares include checked bags, seat assignments, snacks, and drinks, including alcohol). Their flights operate out of private hangars and terminals, and planes have been reconfigured from 50 seats down to 30, giving passengers around 36 inches of seat pitch - or a similar experience to business class seat on a major domestic airline. CEO Alex Wilcox said JSX has also implemented new pandemic-focused safety features and procedures, like mandatory face masks, enhanced cleaning, and more.

What about airports?

When we talk about flying, we also have to assume the risks of being in the airport. On the whole, airports are doing their part to create safe, clean spaces for travelers. Henry Harteveldt, travel analyst and principal at Atmosphere Research, said some precautions include touchless kiosks, frequent cleaning, hand sanitizer stations, self-removal of personal items during security checks, and plexiglass shields in front of traveler-facing employees, from gate agents to shop cashiers.

"Airports are required to follow local laws or guidelines," explained Harteveldt. "So, if there's a state or local guideline that says that face coverings are required, you are required as a passenger to keep your face mask on." He noted there are exceptions, like if you're eating or drinking, or going through TSA and need to pull down your mask to show identification. This is worth looking into, especially if you're flying into a higher-risk destination where cases are rising.

Still, Dr. Nanos urges travelers to make a comparable risk assessment. "Take the same precautions that you would being indoors anywhere, whether you're going to a restaurant or movie theater," she advised.

Is flying safer now that more people are vaccinated?

Now that vaccines are available throughout the United States, more people may feel comfortable flying again. Bryan Del Monte, aviation industry expert and president of The Aviation Agency, said, "As more people get vaccinated, flights are undoubtedly going to be safer." He added, "The vaccinated are less likely to transmit illness, less likely to contract any serious illness, and their vaccination helps negate the challenges of the two biggest factors in getting people sick on an aircraft: duration of exposure and proximity. Thus, as vaccination rates increase, I would conclude that airline travel becomes less and less likely a significant source of COVID-19 transmission."

And even though the CDC recently announced that fully vaccinated Americans no longer have to wear masks in some circumstances, they're still required on airplanes and in airports. As the situation continues to evolve, mask requirements may vary from place to place, so check local regulations before traveling.

Is it safe to fly if you have pre-existing conditions or are in the at-risk category?

Unfortunately, rules and risks shift when it comes to travelers with pre-existing conditions or those who are in the vulnerable category for the novel coronavirus. "COVID-19 is not over," said Dr. Just. "So, think about it in these terms: If you are in that category and you want to take a risk, consider how important it is for you." Dr. Nanos echoed this advice, saying, "It's probably best for those people to kind of lay low for a little while, but again, it's that level of personal risk that everyone is willing to assume."

What about flying during the holiday season or summer vacation?

For the most part, assessing the risks of flying during the holidays or summer vacation season isn't much different than any other time. However, these are traditionally high volume travel periods, and statistically, there has been a spike in COVID-19 cases after long weekends and holidays.

Understand the studies.

There have been multiple studies conducted on the safety of flying during the pandemic - and while some academic studies tout relative safety, other reports of airplane super-spreader events indicate that it is possible for the virus to spread on flights.

The truth likely lies somewhere in the middle. Each flight will present its own variables and level of risk. In September, after tracing 1,600 flights in which someone on board may have had COVID-19, the CDC reported to CNN that nearly 11,000 people were possibly infected from taking flights connected to these cases. The truth is, the lack of contact tracing and the virus' long incubation period make it tough to undoubtedly link cases to flights.

Reduce your overall risk.

The number one thing is to recognize your responsibility. When determining whether or not to fly, consider your fellow passengers. "Start by wearing a face covering," said Harteveldt. "It's a critical step travelers can take to reduce their potential to spread the virus. Remember, you may have the virus and be asymptomatic." His sentiment was echoed by nearly everyone we spoke with. Harteveldt also recommends taking advantage of any and all mobile apps or contactless versions of the process, like using your own personal device to stream in-flight entertainment, avoiding checking bags, and planning your trip so you spend as little time as possible in the airport.

Dr. Just urges travelers to opt for direct flights whenever possible. "It is much safer to take one flight," he said. "If you're taking several legs, you will sit next to several passengers." Direct flights mean fewer airports and exposures overall. In addition to wearing a mask, he also advocates for speaking up "for your own interest and the interest of your fellow passengers" whenever you see someone who is not wearing a mask. Kelly notes that you can also enlist the help of a flight attendant if you don't feel comfortable calling someone out on your own.

Kelly also recommends that travelers reduce their risk by driving themselves to the airport, wearing sunglasses for the duration of the flight to help prevent touching their face, investing in a face covering that will not easily fall down or slip, and packing their own snacks since in-flight service and airport vendors may be minimal.

Other expert tips include opening the in-flight air vent to help circulate the air around you, bringing your own stash of hand sanitizer and disinfectant wipes and wiping down your entire seating area, packing your own blanket and pillow (provided you wash them between uses), and immediately sanitizing your hands every time you touch any surfaces or possible contaminants.

"If you want to wear a contraption or scrub down your seat, I would say that judgment is no longer there," said Kelly. "Self-admittedly, I was not a big seat scrubber - not that I judged people who did - but now it's the norm. So have at it, and don't feel bad about having your own cleaning processes or your own food on the plane."

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Is It Safe to Fly Right Now? Here's What Experts Have to Say

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We spoke with medical, aviation, and travel experts to answer the question of whether or not it's safe to fly during the pandemic. The answer is complicated, full of caveats, and, ultimately, a personal decision.

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Commercial Aviation Accidents - Aviation Injury Lawyers

Commercial aviation traditionally refers to scheduled flights operated by large airlines, and is generally considered amongst the "safest" modes of travel. Fortunately, airline disasters are rare, however, every year, thousands of passengers are injured in a variety of different "in flight" accidents, many of them seriously. The airport and aviation injury lawyers at Bohrer & Lukeman are experienced in all phases of commercial aviation litigation, from mass disaster litigation to the representation of passengers injured in individual accidents, whether on board the aircraft or in the airport. When you call our office you will find a flight lawyer whohas successfully litigated mass air disasters, emergency evacuations, turbulence injuries, and almost every other type of airport and in flight accident. We are extremely familiar with the laws governing both international and domestic flights, and are equally comfortable in state and federal courts.

A common mistake made by many passengers and even attorneys is to assume that major airlines will settle cases early to avoid costly and protracted litigation. The individual and their non-flight lawyer assume the best and openly communicate with airline claims personnel without the knowledge of both the Montreal Convention governing international air travel or domestic aviation laws. In return, airlines frequently disclose nothing, including their in-flight accident reports and witness statements. The results are often detrimental to the passengers case and can permanently affect his or her right to cover.

At Bohrer & Lukeman, an airplane crash lawyer from our team will assume a focused and aggressive posture from the outset. We are a firm that knows the law, gathers the facts and is always prepared to litigate, and go to trial, when it is in our client's best interest. Call or contact our airplane accident lawyers today if you or a loved one have been injured during the course of a commercial aviation flight.

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Commercial aviation traditionally refers to scheduled flights operated by large airlines, and is generally considered amongst the "safest" modes of travel. Fortunately, airline disasters are rare, however, every year, thousands of passengers are injured in a variety of different "in flight" accidents, many of them seriously.

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Safety is a concern of everyone who flies or contemplates it. I can provide you with volumes of information about the attention to safety given by the airline industry. No other form of transportation is as scrutinized, investigated and monitored as commercial aviation.

Yet if you decide to hold onto the belief that flying is dangerous, then these reassuring safety facts are lost to you. Statistics and figures that prove airline transportation to be the safest way to travel relate to our logical, reasoning, rational mind. Worry about safety is an intrusion that seems to bypass those faculties of logic and go directly to our emotions. And you will always find another article about some "near miss" or "the crowded skies" that will reinforce your belief.

Even if you hold the belief, "Statistics about flying don't help me," give yourself another chance to reexamine your judgment as you read through this section. After all, your goal is to feel as comfortable as possible when you fly, and there are some very comforting numbers here.

Most passengers who have knowledge of the commercial airline industry believe that flying is safe. But when something occurs that we don't understand, any of us can become quickly frightened. That's why I encourage you to study as much as you need to reassure yourself about the industry and to take some of the mystery out of commercial flight.

However, some small thing may occur on one of your flights that you haven't studied. If you become startled or frightened at that time, the statistics that I am about to present may come in handy. An airline accident is so rare, when some unfamiliar noise or bump occurs, your response need not be, "Oh, no! What's wrong?!" Instead, it can be something like, "I'm not sure what that sound was, but there's nothing to worry about." Feel free to press your overhead call button to page a flight attendant whenever you want to ask about unfamiliar sights or sounds. But you needn't jump to fearful conclusions.

Now, you may notice something a little morbid about this section: most of these statistics have to do with DEATH! This isn't the most pleasant of subjects, I know. But many people who are worried about flying concentrate on the fear that something will go wrong during the flight, and that the outcome of that error would be their own death. So let's put this possibility in perspective.

Dr. Arnold Barnett, of the Massachusetts Institute of Technology, has done extensive research in the field of commercial flight safety. He found that over the fifteen years between 1975 and 1994, the death risk per flight was one in seven million. This statistic is the probability that someone who randomly selected one of the airline's flights over the 19-year study period would be killed in route. That means that any time you board a flight on a major carrier in this country, your chance of being in a fatal accident is one in seven million. It doesn't matter whether you fly once every three years or every day of the year.

In fact, based on this incredible safety record, if you did fly every day of your life, probability indicates that it would take you nineteen thousand years before you would succumb to a fatal accident. Nineteen thousand years!

Perhaps you have occasionally taken the train for your travels, believing that it would be safer. Think again. Based on train accidents over the past twenty years, your chances of dying on a transcontinental train journey are one in a million. Those are great odds, mind you. But flying coast-to-coast is ten times safer than making the trip by train.

How about driving, our typical form of transportation? There are approximately one hundred and thirty people killed daily in auto accidents. That's every day - yesterday, today and tomorrow. And that's forty-seven thousand killed per year.

In 1990, five hundred million airline passengers were transported an average distance of eight hundred miles, through more than seven million takeoffs and landings, in all kinds of weather conditions, with a loss of only thirty-nine lives. During that same year the National Transportation Safety Board's report shows that over forty-six thousand people were killed in auto accidents. A sold-out 727 jet would have to crash every day of the week, with no survivors, to equal the highway deaths per year in this country.

Dr. Barnett of MIT compared the chance of dying from an airline accident versus a driving accident, after accounting for the greater number of people who drive each day. Can you guess what he found? You are nineteen times safer in a plane than in a car. Every single time you step on a plane, no matter how many times you fly, you are nineteen times less likely to die than in your car.

The Airline Deregulation Act of 1978 permitted the airlines to be competitive both in the routes they flew and the fares they charged. When the price of air travel decreased, the number who flew increased. In 1977, two hundred and seventy million passengers flew on U.S. scheduled airlines. In 1987 four hundred and fifty million flew. For passengers, that resulted in the frustration of crowded terminals and delayed boardings and takeoffs. But did deregulation cause safety to be compromised? Definitely not!

Accident statistics provided by the National Transportation Safety Board show that - despite a fifty percent increase in passengers during the ten years after deregulation - there was a forty percent decrease in the number of fatal accidents and a twenty-five percent decrease in the number of fatalities, compared to the ten years before deregulation.

If you are going to worry about dying, there are many more probable ways to die than on a commercial jet. Take a look at the chart below, which shows the chance of fatalities on a commercial flight compared to other causes of death in the United States. Notice that you are more likely to die from a bee sting than from a commercial flight. The number one killer in the United States is cardiovascular disease, with about eight hundred and eighty-five thousand deaths per year. Each of us has about a fifty percent (50%) chance of dying of cardiovascular disease. Whenever we fly, we have a one one-hundred-thousandth of one percent (.000014%) chance of dying!

Odds of Death
Death by: Your Odds

Cardiovascular disease: 1 in 2

Smoking (by/before age 35): 1 in 600

Car trip, coast-to-coast: 1 in 14,000

Bicycle accident: 1 in 88,000

Tornado: 1 in 450,000

Train, coast-to-coast: 1 in 1,000,000

Lightning: 1 in 1.9 million

Bee sting: 1 in 5.5 million

U.S. commercial jet airline: 1 in 7 million

Sources: Natural History Museum of Los Angeles County, Massachusetts Institute of Technology, University of California at Berkeley
How about accidental deaths? In the chart below you can compare the average number of airline fatalities per year (not including commuter airlines) from 1981 to 1994 with the most recent figures for other forms of accidental death. Again, you can see that flying is relatively insignificant compared to other causes of death.

Number of Accidental Deaths Per Year by Cause

100 on commercial flight

850 by electrical current

1000 on a bicycle

1452 by accidental gunfire

3000 by complications to medical procedures

3600 by inhaling or ingesting objects

5000 by fire

5000 by drowning

5300 by accidental poisoning

8000 as pedestrians

11,000 at work

12,000 by falls

22,500 at home

46,000 in auto accidents

SOURCES: Bureau of Safety Statistics, National Transportation Safety Board
I'm not trying to encourage you to become afraid of your bicycle or of walking down the stairs in your home. My most important point is that no one can anticipate all of your questions about flight safety and the airline industry. You may have specific questions about maintenance or security or pilot error that are not simple to address. I want to assure you that regardless of your worries, you are putting your life in the hands of an industry that has a tremendous record of dedicating its creative intelligence to your safety. And the Federal Aviation Administration, the air traffic controllers, the airline companies, the pilots, the flight attendants, the mechanics, the manufacturers are all striving to make every year safer than the year before within a highly professional industry.

Next time you begin to focus on the possibility of something going wrong on a plane, think about the probability instead. Then you will have little to worry about.

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How Safe is Commercial Flight? - Anxieties.com

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Safety is a concern of everyone who flies or contemplates it. I can provide you with volumes of information about the attention to safety given by the airline industry. No other form of transportation is as scrutinized, investigated and monitored as commercial aviation.

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General Aviation Accidents

General aviation refers to flights other than those operated by airlines or the military. It generally calls to mind both owned and leased executive jets, pilot owned and operated propeller aircraft, gliders and other experimental aircraft. Air Ambulances are also included under the umbrella of general aviation. Recently there have been an epidemic of fatal crashes involving air ambulances and the industry is coming under increased scrutiny. Frequently, flights operated in general aviation originate from and terminate in small airports and do not require the filing of a flight plan.

Often times, these small airplanes are operated by flight schools with student pilots and instructors or air taxi or charter services. In remote portions of the United States such as Alaska and Hawaii, these air taxis serve entire regions and communities where access by automobile is restricted or difficult.

General aviation is controlled and regulated by the Federal Aviation Administration, or FAA, which, together with the National Transportation Safety Board, also tracks the safety record of general aviation throughout the United States.

Unfortunately, the statistics on general aviation accidents and crashes are alarming. There is a fatal general aviation crash or airplane accident in the United States nearly every day. In 2016, 413 people died in 219 general aviation accidents, and inflight loss of control - mainly stalls - account for the largest number of fatal general aviation accidents. An aging aircraft and pilot population account for many of these airplane crashes and accidents and the federal government is instituting different programs to try and make general aviation safer.

How We Handle Your Aviation Accident Claim

Litigation arising from general aviation accidents require extensive investigation and knowledge of a variety of laws and theories ranging from statutes of repose that protect the manufacturers of older aircraft from product liability claims, a careful study of weather and environmental factors, the experience, qualifications, judgments and actions of the pilot in charge, directions of air traffic controllers, aircraft maintenance and the functionality of the aircraft's systems and instruments. As a result, an experience aviation attorney, such as the lawyers at Bohrer and Lukeman, are your best chance for a successful claim.

Given our firm's experience in representing individuals injured and killed during the course of general aviation accidents, we understand that from the moment we are retained, we must swiftly gather all relevant evidence and data and commence an investigation into the cause of the accident. We closely monitor all government investigations and retain and work with our own team of experts to develop often overlooked theories of recovery. Often, governmental bodies are quick to attribute the loss of small, general aviation aircraft to pilot error, but our lawyers and aviation experts will not hesitate to conduct our own investigation into the facts and circumstances of an aviation accident if we believe that there are other theories to explain why the aircraft crashed.

Domestic & International Accidents

After an injury during the course of a flight occurs, the injured passenger should immediately seek the advice of an experienced aviation attorney to determine not only if he or she has a case, but what laws will apply to the action. Among the first question the attorney will ask is whether the passenger was injured aboard a domestic or international flight.

Accidents on Domestic Flights

A domestic flight is one which begins and ends within the same country. The passenger will usually not have to clear immigration and customs and does need a passport to travel. In the event of an injury aboard a domestic flight, the laws of the United States(or country where it occurred) will govern the outcome of the case. Those laws will determine whether the passenger can bring certain claims, or whether those claims or barred by operation of law. There may be differences in statutes of limitations, which limit the time that one has to bring a claim and certain other written notice requirements that make it mandatory for a passenger to seek counsel immediately.

There are also laws known as statutes of repose that protect aircraft manufacturers from claims brought as against older aircraft unless those aircraft are used in commercial aviation, and laws that "pre-empt" or restrict state law claims where the FAA or other federal authority has handed down certain rules or guidelines.

Although these rules are by no means absolute, the majority of accidents aboard general aviation aircraft occur during domestic flights whereas international flights are typically run by commercial aviation carriers.

International Claims

International flights are typically operated by commercial aviation carriers and are "longer haul" flights. Injuries that occur during the course of an international flight are governed exclusively by the Montreal Convention.
Read more about the Montreal Convention here.

Aviation Accident Attorney for Fatal Injuries

Tragically, many general aviation accidents result in the wrongful death of the aircraft's pilots and/or passengers. Our firm has represented individuals injured and killed during the course of general aviation accidents. From the moment we are retained, we gather all relevant evidence and data and commence an investigation into the cause of the accident. We closely monitor all government investigations and retain and work with our own team of experts to develop often overlooked theories of recovery.

Call us today if you or a loved one has been the victim of a general aviation accident or fill out our easy-to-use contact form

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General aviation refers to flights other than those operated by airlines or the military. It generally calls to mind both owned and leased executive jets, pilot owned and operated propeller aircraft, gliders and other experimental aircraft. Air Ambulances are also included under the umbrella of general aviation.

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5 Columbus Circle, Suite 1501
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(212) 406-4232
http://www.flightinjury.com

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In recent years, though the number of serious air incidents and disasters has diminished significantly - statistically, air travel is the safest it has ever been - there has been an increase in in-flight injuries connected to turbulence. Injuries stemming from turbulence may be connected to acts of negligence on the part of the airline, flight crew, or component part manufacturers such as weather radar, among others. Crucially, if you have been injured in an in-flight accident caused by turbulence, you may be entitled to recover damages.

International vs. Domestic Flights

It is worth noting that successful litigation of injuries sustained due to turbulence will differ depending on whether the injuries were sustained on an international or domestic flight. The Montreal Convention governs injured passenger claims on international flights. Pursuant to the Montreal Convention, an injured passenger need only show that their injury was caused by an unusual or unexpected event or occurrence, external to the passenger, and not the passenger's internal reaction to the normal operation of the aircraft. Basically, that means that if a passenger's ear drum ruptures during an ordinary descent, there is no accident and no basis for recovery. If, however, the airplane drops significantly due to turbulence, and a passenger suffers the same ruptured ear drum, they may be entitled to recover from the airline.

Injuries on domestic flights are typically governed by common law negligence, and the injured passenger must show that their injury was caused in substantial part by an act of negligence. Simply put, the presence of turbulence is not enough to give rise to a claim. Negligence must interact with turbulence to produce the injury. Turbulence is often foreseeable, thanks to advances in aviation technology and weather radar technology. Therefore, if the turbulence was foreseeable by the flight crew, and they failed to take adequate steps to avoid it or warn their passengers in time, they may be entitled to sue the airline for negligence.

In either situation, retaining an experienced aviation accident lawyer is necessary to commence an investigation and insure that the airline, air traffic control, and other possible entities are placed on immediate notice to preserve the proper electronic materials necessary for the injured passenger to prove their claim.

So, what are some common in-flight accidents that occur due to turbulence? Consider the following.

Falling Baggage

Flight crews are trained to secure carry-on baggage in the overhead bins and to guide passengers to store excess or smaller carry-ons under the seat directly in front of them. However, for more than a decade, airlines have been battling rising operational costs and greater competition in the aviation space. To keep up, many airlines have implemented new fees on checked baggage, which has led to regular overstuffing of the overhead bins, thus compromising flight safety

In the event that carry-on baggage falls out of the overhead bins and injures you, then you may have a claim against the airline if the flight crew negligently allowed the overhead bins to be overstuffed with baggage or failed to securely latch the overhead bins. Prior to boarding flights, most airlines have metal receptacles that carry-on bags must fit into, but few if, any airlines actually require passengers to place their bags into them. As such, bins
tend to be filled with bags beyond their permitted dimension and weight.

Beverage Burns

Airlines have safety regulations that state when their cabin crews can serve hot drinks. Many airlines brew coffee and tea at water temperatures in excess of 200 degrees Fahrenheit resulting in instant serious burns on contact. Passengers are at increased risk of being burned by hot beverages during turbulence and thus guidelines typically require that flight attendants refrain from serving hot beverages during turbulence. Beverage burns may also result from cups sliding off of the flimsy fold down, un-level trays. Passengers should be careful if their trays are not level and should notify a flight attendant immediately and document by camera phone if possible, if they have been burned as the result of a defective fold down tray table.

Service Cart Impacts

A fully loaded beverage or meal service cart can weigh several hundred pounds. Under calm air conditions, they can cause serious injuries if they impact feet, knees and other body parts that may drift out into the aisle. During turbulence, the risk of harm posed by these carts increases significantly as they have been known to roll and crash into seat-belted passengers, topple over or toss their contents, sometimes burning hot, into the cabin.

Aisle Trip Hazards
Aisle hazards can pose a trip-and-fall injury risk to passengers, even during smooth portions of the flight. During turbulence (light or heavy), the risk posed by these hazards are increased, as passengers may not be readily able to identify the presence of aisle hazards due to the need to balance themselves. Flight crew may be found negligent if they failed to take proper measures to inspect and clear the aisles of potential trip-and-fall hazards.

Lack of Seatbelt Warnings

Wearing the provided seatbelt can prevent many in-flight turbulence-related injuries. When severe turbulence is expected, proper warnings (including but not necessarily limited to lighting of the seatbelt sign) should be given by the flight crew to prepare passengers. For example, a passenger who is waiting for the toilet should be warned by nearby crew to return to their seat and buckle up. If the flight crew fails to warn passengers to use their seatbelts, then, depending on the circumstances, the failure to do so may constitute negligence.

ABOUT THE AUTHOR: Abram Bohrer
Abram Bohrer is co-founder and partner of Bohrer & Lukeman, a full service personal injury firm that focuses on serving airplane accident victims. Abe has been practicing for over 25 years, and has been listed among the top 5% of New York attorneys (having been designated a "Super Lawyer" from 2007-2017). As an aviation accident attorney, Abe has the distinction of having handled Magan v. Lufthansa, the leading case on turbulence injuries under the Montreal Convention.

Copyright Bohrer & Lukeman

Disclaimer: Every effort has been made to ensure the accuracy of this publication at the time it was written. It is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ and the law may have changed since publication. Readers considering legal action should consult with an experienced lawyer to understand current laws and.how they may affect a case. For specific technical or legal advice on the information provided and related topics, please contact the author.

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In recent years, though the number of serious air incidents and disasters has diminished significantly - statistically, air travel is the safest it has ever been - there has been an increase in in-flight injuries connected to turbulence.

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Commercial flights are the fastest and one of the safest means of travel, but that doesn't mean the trip always goes smoothly. It is not uncommon for flights to be delayed or canceled, or for baggage to be lost. Many minor inconveniences and unexpected charges can be handled with the airline itself, but what do you do when the airline won't resolve the issue? Or what if you have a more serious issue, such as an injury or discrimination complaint?

There are multiple government agencies that oversee air travel, and it is important to contact the correct one depending on the nature of your complaint.

Department of Transportation (DOT)

This agency oversees airline service issues. In most cases, you should try to resolve the issue with the airline before contacting the DOT. If you are unable to get a satisfactory resolution at the airport, you will want to check the airline's website to find out how to register a complaint with their corporate headquarters. The DOT requires airlines to let consumers know how to file a complaint and to respond to them within 60 days.

If the airline fails to resolve the issue, you can file a complaint directly with the DOT. Once a complaint is filed, a Transportation Industry Analyst will forward the complaint to the airline, who is required to respond to the DOT and the consumer who filed the complaint. Once they receive the airline's response, the Analyst will determine if a violation occurred and forward the information to an attorney to review.

The results of the investigation will be mailed to the consumer and airline, but it may take some time to process due to the high volume of complaints. They may require that the airline offer the consumer financial compensation, or issue a fine to the airline for serious offenses. The DOT also compiles all complaints in monthly reports that are available to the public.

Canceled Flights

The airline or booking agency is responsible for refunding canceled flights if you rebook elsewhere. If they fail to do so, contact your credit card company and file a complaint with the DOT.

Undisclosed Baggage Fees

Airlines and booking agencies are required to disclose all baggage fees at the time the reservation is made. If you arrive at the airport and are charged an unexpected baggage fee, report it to the agency or website where you booked, as well as to the DOT. If you can prove that you were not notified of the fee, you are entitled to a refund.

Delayed Flights

According to DOT regulations, if a plane is delayed on the tarmac for more than two hours, they must provide the passengers with food and water. If it is more than three hours, they are required to give passengers the option to deplane. If the flight is delayed before the passengers board, some airlines may offer food vouchers, but each one has its own policy.

Lost Baggage

If an airline loses your luggage, you will need to check the airline's policy and register a complaint with them. The liability limit is set at $3,400 on domestic flights, so if they claim they are not able to provide adequate compensation, you should report them to the DOT.
Overbooked Flights
If you are denied boarding for your flight due to overbooking, you are entitled to compensation under federal law. The airline may offer you a voucher instead, but you should report them to the DOT if they offer the voucher but fail to disclose the compensation option.

Disability Access and Discrimination

The DOT prohibits unlawful discrimination due to disability, race, national identity, gender, religion, or sexual orientation. If you experience unlawful discrimination from an airline employee or one of their contractors, they should be reported to the DOT. Depending on the nature of the issue and the employee in question, you may be able to file complaints with the FAA or TSA as well.

Federal Aviation Administration (FAA)

The FAA oversees the safety of passengers in airports and while on the plane, as well as the actions of air traffic controllers. Safety violations and concerns should be reported for the protection of all passengers. You can also file a complaint with them against an airport or airline for disability access or discrimination issues.

Transportation Security Administration (TSA)

This agency handles airport security. If you notice a security issue or have experienced discrimination or unlawful searches by a TSA employee, you can file a complaint with them directly.

When To Take Legal Action

There are some cases where reporting to an agency is insufficient. For major or unresolved issues, or in cases where someone is injured, you may want to seek legal advice.

Class Actions

If you find out there is already a class action lawsuit against the airline in question for your particular issue, you may be able to be included in the suit. Or, if you find that many customers are having the same issue, you can contact a class action attorney yourself about filing a suit.

Injuries

Airlines have a heightened duty of care when it comes to ensuring the safety of their passengers. Nevertheless, passengers are routinely injured by falling objects from overhead bins, food cars, turbulence, or defective products. If the injury is caused by the negligence of airline employees, you are entiltled to compensation and should contact an attorney that specializes in inflight injuries.

Plane Crashes

Plane crashes are rare, but are serious when they occur. According to the Montreal Convention, the airline is liable if passengers are injured or killed in a plane crash. Most of the world's countries have ratified this treaty, but not all. This is another situation when you will want the advice of an attorney, preferably one that has experience with aviation accidents.

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Commercial flights are the fastest and one of the safest means of travel, but that doesn't mean the trip always goes smoothly. It is not uncommon for flights to be delayed or canceled, or for baggage to be lost.

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While flying is one of the safest means of travel, the consequences can be serious when airplane crashes do occur. Commercial airplane accidents are far less common than car accidents, but are more likely to cause severe injuries or fatalities. If you or a loved one have survived such an accident, you may be in shock, and unsure of what to do. Fortunately, there are options to ensure that you receive compensation for any medical expenses or mental health treatment you may need following the accident.

Causes of Airplane Accidents

There are many potential issues that can lead to an airplane accident, which means that multiple parties may be liable for injuries that occur. If the plane itself or its components are found to be defective, a product liability lawsuit may be brought against the manufacturers.

However, the most common cause of airplane accidents is human error. This could be a mistake made by the pilot, the maintenance crew, or the air traffic controller. In these cases, a negligence or tort claim can be brought against the party found to be responsible for the crash. Since the specific cause of a crash is not always clear, you may have multiple options for recovery.

Common Injuries in Airplane Accidents

Most injuries that occur on airplanes are not crash-related. It is more common for passengers to be injured by turbulence, food carts, or baggage falling from the overhead bins. Generally, these lead to relatively minor injuries such as scrapes, bruises, or broken bones. On the other hand, crashes usually result in more severe injuries, including:

What to Do If You've Been Injured

Being involved in an airplane crash is a traumatic experience, and one that most people never envision themselves being in. Therefore, it is normal if you are shocked or confused in the aftermath of the crash. However, knowing the correct steps to take can help you ensure that you receive compensation for medical expenses, pain and suffering, and lost wages.
Seek Medical Care
Before doing anything else, make sure that you receive immediate medical attention. Even if your symptoms seem to be minor, they can worsen if you are not seen by your doctor right away. In addition, it is important to have proper documentation of your injuries if you intend to file a claim.
Contact a Plane Crash Attorney
It is recommended that you consult with an aviation accident attorney before contacting the airline's insurance company. The job of the insurer is to represent the airline's interests, and they will try to settle your claim for the lowest amount they can get away with. In addition, an attorney familiar with the industry will be able to help you determine which jurisdiction to file your claim under, and how to receive assistance from the federal government under the Aviation Disaster Family Assistance Act.
Report the Accident
Your injury should be reported to the airline and their insurance company. There are also a number of federal agencies that investigate airplane crashes:

National Transportation Safety Board. All airplane crashes that involved US airlines or that depart or arrive from US airports should be reported to the NTSB for investigation. They will make the final determination as to the causes of the accident and make safety recommendations to prevent similar accidents from occurring in the future.

Federal Aviation Administration. The FAA is a subsidiary of the US Department of Transportation and determines regulations for airline safety. If an airline, air traffic controller, or group crew violated these regulations, the FAA will investigate the accident as well.

File a Claim
If they are cooperative, you may be able to settle your claim directly with the airline and their insurance carrier. However, in many cases, you may need to take legal action in order to receive the maximum compensation you are entitled to. Your options for recovery will depend on the specifics of your case.

Product Liability Claims can be brought against the plane or parts manufacturers for crashes due to defective, faulty, or poorly designed equipment.

Negligence Claims can be brought against the airline or airport for accidents caused by human error, such as a mistake on the part of the pilot.

Federal Tort Claims can be filed when it is found that an FAA employee was the cause of the accident, such as an air traffic controller.

Aviation accidents are a complex subset of personal injury law. For that reason, it is wise to have an attorney on your side that specializes in plane crashes and understands the nuances of the industry.

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What to Do If You've Been Injured in a Commercial Airplane Crash

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While flying is one of the safest means of travel, the consequences can be serious when airplane crashes do occur. Commercial airplane accidents are far less common than car accidents, but are more likely to cause severe injuries or fatalities.

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My mom likes to refer to me as a tea snob, which is decidedly not true - as evidenced by the fact that I regularly order tea while flying.

That tea, while often nasty, is still satisfying.

But I have to admit that every time I ask for tea during the beverage service, I get a nagging feeling that I'm making a (possibly life-threatening) mistake. A little voice in the back of my mind reminds me that ordering tea or coffee in the air is not a good idea because, the rumor goes, the water that's used to make your warm beverages onboard may not be so potable after all.

I'm hardly alone in my suspicion.

Jayne Singer, a retired special education teacher and still-competitive swimmer in Park City, Utah, flies about once a month and told me she orders only prepackaged beverages onboard.

"Since childhood, my mother used to say to me, 'Never drink beverages, never drink coffee or tea on a plane because you never know where it's been,' so it's been my whole life," she said. "I don't trust the source where the water is coming from."

Singer often avoids ice cubes while flying for the same reason.

But Vance Hilderman, chief technical officer of Afuzion, an aviation development and certification company, said Singer and I shouldn't worry. According to Hilderman, it's "100%" safe to drink tea, coffee and even water straight from the taps on modern airplanes in developed and well-regulated countries.

He said that airlines have to regularly clean the tanks that store water for onboard use, and carriers must test the drinking water periodically for harmful bacteria.

"There's a chemical rinse they put in (the tanks). It's not toxic. It's not industrial hospital quality, but it's actually quite good. It's very doubtful that bacteria would survive. It's equivalent to air filtering systems, HEPA systems on aircraft," Hilderman said.

According to the Environmental Protection Agency, onboard water systems must undergo periodic quality tests and routine disinfecting. Airlines are able to set their own protocols to be approved by the agency, but the minimum requirements are for at least annual disinfection and flushing of the water tank, with at least one sample tested each month. Or, airlines can choose to disinfect and flush the system more but sample less, with quarterly disinfection and flushing and at least one sample tested annually. There are other minimum compliance options as well, and airlines are free to exceed the minimums.

Even if the tank somehow became contaminated between tests, your coffee or tea should still be safe, even if it's served lukewarm, Hilderman said.

"For the science-minded folks, bacteria is killed about 175 degrees, it doesn't have to boil," he said. "On the airplane, water boils at the 7,000-foot equivalent of about 195 degrees. ... If we look at the World Health Organization, bacteria is killed at 170, so all that coffee and tea is good."

When is it riskier to drink airplane water?

According to Hilderman, it can be more dangerous to drink tap water on flights that are taking off from places where the drinking water isn't regularly safe. And, he said, bacteria is more likely to form in the plane's tanks if you're taking off from a warmer climate.

So if you're especially worried, you can always turn down the coffee on your next flight back from the Caribbean. Even still, weather-related waterborne food poisoning is exceedingly rare on airplanes.

Hilderman also said most modern aircraft don't manufacture ice onboard. Rather, they get ice from their catering contractors on the ground, so chilled beverages aren't really a concern.

Justin Haase, an IT director from Kasson, Minnesota, told me he flies for work once or twice a month and almost always orders coffee onboard.

"If it was a big problem, people would be getting sick or having problems with this more frequently," he said. "Nobody's drinking a cup of coffee and then keeling over on the plane."
Last week's Cruising Altitude: Why most flyers say no to upgrades if it means splitting up on the plane.
Hilderman acknowledged that airlines are often left to self-enforce the regulations around water quality, but he said it's really not an issue on major carriers in developed countries.

"You're in good shape," he said. "Even the old legacy aircraft, the design is 45-50 years old, but the cleaning is pretty modernized."

And Hilderman agreed with Haase that if this were a real problem, we'd be seeing more food poisoning on airplanes.

"If you get a stomach infection, food poisoning, something like that, it's generally fairly traceable," Hilderman said. "We could do the same thing on an aircraft, and that would be all over the news, but it's apparently quite rare."
Zach Wichter is a travel reporter and columnist for USA TODAY based in New York. You can reach him at zwichter@usatoday.com
So go forth and order your mediocre caffeine fix without fear on your next flight.

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Is airplane coffee safe to drink? I'll try to put the rumors to rest. | Cruising Altitude

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I spoke to experts and reached out to the EPA to get to the bottom of an age-old rumor that airplane water can be dangerous to your health.

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Flight Lawyer, Airplane Crash, Bohrer & Lukeman, Coffee and Hot Liquid Burns

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Call an airplane accident attorney with a history of strong and successful commercial aviation litigation from the Law Office of Bohrer & Lukeman.