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Date Modified: June 9, 2023
p>According to SimpleFlying, Ontario International Airport accommodated more than 5.6 million travelers in 2019 during the start of the Covid-19 pandemic. In September 2022 alone, the Ontario Airport saw over 517,000 people and a total of 4.2 million from January to September 2022, a staggering 37.6% increase in travelers since 2021.
With such a massive influx of passengers going in and out of the airport, anything can go wrong, and falling luggage is one serious hazard travelers need to be aware of. A piece of luggage falling onto a passenger can cause serious injuries, turning a pleasure or business trip into a nightmare.
Ehline Law and our personal injury attorneys have successfully handled more than 3,000 cases by working closely with our injured clients, understanding their injuries and troubles, and protecting their rights by aggressively fighting large insurance companies.
We can help you pursue common carriers and others for your head, neck, and brain injuries from heavy luggage falling on your head from the overhead or on your feet from luggage carousels.
About Our Attorney Awards, Reviews, and Accolades
The Superlawyers Rising Star Awardwas awarded multiple times to Michael Ehline from 2006-2015.
Newsweek Magazine awarded its “Premier Personal Injury Attorneys” award to Ehline Law Firm’s attorneys in 2015.
CNN interviewed Michael Ehline about cruise ship law, and he was a guest on NBC discussing limousine law practice areas. Michael was also interviewed by Nancy Grace on CBS, discussing his expertise in California dog bite law.
Our years of experience can help you hold all the negligent parties liable for causing your damages.
Contact our Ontario airport falling luggage attorneys to learn more about your rights if you’ve suffered injuries due to falling luggage at Ontario airport.
Causes of Falling Luggage Accidents
Falling luggage accidents can occur due to many reasons, some of which include the following.
Some passengers with hand luggage on escalators don’t hold their bags when traveling. In the event of a faulty escalator, it can cause the baggage to tumble down the escalator onto the other travelers. Often, hand luggage weighs about 5 to 10 kg, and anything with that weight falling at considerable speed can cause severe injuries to passengers. A jerk or irregular escalator movement can cause the luggage to fall and hurt others.
Typically, upon landing, you will almost always need to book the services of a lawyer with the ability to engage the airlines and other at-fault parties from a position of strength. They won’t just roll over and pay compensation without a fight and some work negotiating things.
If the luggage is made out of poor-quality materials or the manufacturer does not ensure proper quality control, the handle can break, causing the luggage to fall on the floor and become a tripping hazard.
In such situations, there is an increased risk of a trip and fall accident for a passenger behind who does not have enough time to react to fallen luggage.
Negligent Airline Staff
When you board an airplane, the airline staff must ensure that all the hand luggage is properly secured in the overhead compartments before they can close it to avoid falling luggage.
However, suppose they’re in a hurry or are negligent. In that case, they may not properly secure the luggage or close the overhead compartment, causing the bags to fall on the passenger leading to serious head or neck injuries.
Sometimes an accident can occur due to a negligent passenger. A bag dropped by a passenger or purposely left in a spot not visible to another traveler can result in a trip and fall accident.
Who Is Responsible for Falling Luggage in an Airport?
Under premises liability, it is the responsibility of the airport to maintain the property in a safe condition to ensure the safety of its passengers and other visitors. The airport owes passengers the highest duty of care and must conduct inspections to identify any hazards and immediately take action to address them. Failure to do so can lead to accidents for which injured passengers can hold the airport responsible.
Suppose a falling luggage accident occurs on airport premises due to the negligence of the airport employee or management. In that case, injured victims can pursue a personal injury claim to recover compensation for the damages.
Who Is Responsible for Falling Luggage in an Airplane?
The airport is not always responsible for damages in an accident; at times, it could be the airline responsible for injuries in an accident.
Rights as a Domestic Traveler
When a domestic traveler suffers injuries on a flight due to the airline’s negligence, they may be able to hold them accountable for their loss. Often, falling baggage injures the passenger sitting on the aisle seat, and they must prove the airline’s negligence when seeking compensation if they suffer injuries from falling luggage.
Rights as an International Traveler
For international travelers, the rules are a bit different. Unlike domestic travelers who need to prove negligence to recover compensation, international travelers do not have to establish the elements of negligence.
Under Montreal Convention, airlines are responsible for ensuring the safety of their passengers on international flights. In case of an airline accident due to falling luggage on an international flight, an injured victim may be able to pursue compensation under the Montreal Convention without having to prove negligence.
Statute of Limitations for Falling Luggage Accident Claims
Under the California statute of limitations, injured victims have two years following their injuries to pursue a personal injury claim against a negligent party. However, if the negligent party is a government entity, the injured victim only has six months instead of two years.
In 2016, the ownership of the Ontario International Airport returned to local control, which means that the airport is under a government entity. If a passenger suffers injuries at the Ontario Airport in a falling luggage accident, they have six months to bring a civil claim against the relevant government entity.
After filing a claim, the government entity has 45 days to respond to the claim, and if they deny it, the injured victim may bring a personal injury lawsuit in court.
Suppose a plane passenger suffers injuries on an Ontario-based flight due to the airline’s negligence. In that case, they have two years to bring a civil action against the airline to recover compensation, regardless of their traveling status (domestic or international / world).
How Can an Experienced Attorney Help with Your Falling Luggage Claim?
Aviation and airport accidents are among the many personal injury law practice areas. An attorney specializing in airline and airport accidents can offer injured victims the legal representation they need to increase their chances of obtaining compensation.
After you make an appointment and hire us, an experienced Ontario airport plane accident attorney can help you in many ways, including the following.
Investigate the Flying or Ground Accident
In some accident cases, it may be challenging to determine the liable party without a proper impartial investigation. One or multiple parties could be involved if you suffered injuries in a falling luggage accident at an airport or a plane. Failing to identify the correct parties for your personal injury claim means leaving monetary damages on the table.
Ehline Law and our personal injury attorneys have more than 15 years of experience investigating accidents and determining liable parties to take action against.
Follow Local Laws and Federal Regulations
Accidents at airports can be challenging to handle, as depending on the accident, there may be different laws or regulations surrounding your case.
Whether you suffered injuries on an airline or at the Ontario Airport, our Ontario Airport falling luggage attorneys have deep knowledge and understanding of state and federal laws and can help navigate your injury case.
If you suffered injuries in a plane on a domestic route or at the Ontario Airport, you must provide evidence of negligence. Our personal injury attorneys know the type of evidence required to build a trial-ready case.
Negotiate with the Insurance Company
One of the worst parts of pursuing a personal injury claim without legal representation is handling the insurance company and their claim adjuster. In most cases, injured victims give up on fighting for fair compensation and decide to take the low settlement offer given by the insurer.
The value of a personal injury claim varies from one case to another. Our attorneys have the expertise in assessing and calculating the value of a claim and negotiating a fair settlement with the insurance company. We understand the ins and outs of helping you quickly get back on your feet.
Still, Seeking Compensation? Go to Trial
At times, there may be a disagreement over a fair settlement, in which case our attorneys are not afraid to go to trial. We’ve successfully fought large corporations and insurance companies at trial and won our clients a hefty award. Our injury attorneys have recovered more than $150 million. We’re ready to fight for your rights when the at-fault party violates their social contract to keep you safe during travel.
Schedule a Free Consultation with Ontario Falling Luggage Claims Experts With Local Control
Questions? Our local attorneys have control over the local scene and can provide answers in the majority of cases. When you discuss your case with us, it would be unlawful for us to share our conversation unless you give us permission. It’s confidential and risk-free to you. We know the doctors and how to deal with deplorable insurance adjusters or airline risk management.
We can help protect and level the playing field in Ontario, CA, when you contact us for free legal advice. If you’ve suffered injuries in a falling luggage accident at the Ontario International Airport, contact us at (833) LETS-SUE for a free consultation, as you may be able to seek compensation using our superior legal services in the Ontario, CA, jurisdiction.
Michael Ehline is an inactive U.S. Marine and world-famous legal historian. Michael helped draft the Cruise Ship Safety Act and has won some of U.S. history’s largest motorcycle accident settlements. Together with his legal team, Michael and the Ehline Law Firm collect damages on behalf of clients.
We pride ourselves on being available to answer your most pressing and difficult questions 24/7. We are proud sponsors of the Paul Ehline Memorial Motorcycle Ride and a Service Disabled Veteran Operated Business. (SDVOB.) We are ready to fight.