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I sustained a fracture to my calcaneus bone (heel) which required surgery after deplaning an aircraft's steps (attach to plane)

Asked about 3 years ago - Gaithersburg, MD

Even though I spoke with an attorney he feels with the airline it will be very difficult to win a slip and fall type of case. Airline claims they are not responsible for the injury and take it up with my own insurance/or worker's comp. My issue is not paying for my bills but the long-term issues I will have as a result of the injury not to mention short-term (includes: surgery, recovery, non-weighbearing up to 6 -10 weeks, relying on crutches and unable to use hands efficiently/effectively, boot for another 4-6 weeks, therapy, difficult to travel with crutches as my work requires me to travel, no driving until the fracture boot is no longer necessary - we are talking a long time to recover). I don't even who knows when I can actually where a shoe at this point.

Airline claims, no claim has ever been made for this type other than a case they are looking into in florida - which they don't share. I fly often so I am not novice, while its not my favorite way of deplaning (outside an airport) versus a jetway, I think the airline put you at risk when making you deplane on those steps that are locked down by a single small apparatus and are about 2 -4 inches off the ground.

Are they negligent in putting me at a risk of slipping on their steps?

Additional information
Addition info - the accident occurred in PHL Airport, the attorney asked for passenger list which of course airline refused. One passenger probably witnessed my fall since I hear her scream but left for a connecting flight - the flight was not full and it would be fairly easy to pinpoint the passenger witnessed. The passenger in front, saw me fall because he looked back to help me, which he did, and had to leave after he made sure wheelchair, help, etc. came then left for an Alabama connection. I didn't ask his name, and really was focusing on the pain, foot, etc.

I did feel the stairs wobble/move when I boarded but not deplaning. The shoe was off my feet and resting on middle step on it sides (not stuck on anything).

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Attorney answers (2)

Brian David Lyman

Reputation Level 8

Answered about 3 years ago. Litigation Lawyer in Annapolis, MD.

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You need to consult with an attorney in the state where this accident happened. If it happened in Maryland you have three years to bring your case to court.

There are many factors that will determine if the airline was negligent or not. It sounds like you have a serious injury so it is definitely worth consulting with an attorney in the jurisdiction where the accident happened. That attorney can explain the state law on negligence and your chances for success in a court case.

Even if one attorney doesn't feel that your case is particularly strong, you should try consulting with another, since the other attorney might have a different opinion, or ask you different questions about the accident and the Airline's response to your injury. Negligence can occur at several different points and so long as it causes injury to you, can be actionable. You should make a detailed description of the accident and if anyone else (other passengers or Airline personnel) who witnessed your fall and/or the airline's or airport's employee's reactions and actions. Please consider also that you might also have a claim against the manufacturers of the steps or plane, or locking apparatus that you described, or as you suggested your own worker's compensation policy with your employer (if you were on business when this accident happened).

Bear in mind, that sometimes accidents happen despite a company's proper actions and people are injured in ways not caused by any wrongful or unreasonable actions by the companies involved. This is why you should try to meet with another attorney to have your case fully reviewed.

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Afshin Pishevar

Reputation Level 8

Answered about 3 years ago. Personal Injury Lawyer in Rockville, MD.

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Does the Warsaw Convention apply? I have some experience with Airline cases. I'm not sure where you were traveling from and to. With more detail, I could determine if you case might fit within the framework of the International Treaty that applies to airlines. If I recall correctly, if you were between the process of embarking and disembarking the craft, you may be protected in the strict liability called for by the Convention. If so, there would be a cap, but then you might not have as big a hurdle on the Liability issue. There definitions of the terms used are specified under the convention and I would not necessarily attribute the plain meaning of the term to try to analyze the facts as a lay person. Seek the advice of an experienced lawyer in your jurisdiction as there are strict time limits. -AP Pishevar, Esq.

Warsaw Convention Memo

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