Nowadays, most airlines charge fees for checked baggage. As a result, it seems that many people get around this frustrating additional fee by stuffing as many of their possessions as possible into their carry-on bags. These overstuffed bags can be bulky, heavy and oddly shaped. When pushed and prodded into overhead compartments, they may not fit neatly. And when overhead bins are not properly secured, these bags can easily fall out and hurt someone.
Perhaps this scenario is familiar to you. Perhaps you have even been the victim of an aviation accident involving falling baggage. If so, you may or may not be able to hold an airline accountable for the harm you have suffered. In the end, the circumstances surrounding your accident will determine whether or not you may file an actionable claim.
In general, it is a good idea to speak to an attorney experienced in aviation accidents like these before drawing conclusions as to whether or not you may file a claim and hope to recover from it. However, you may keep a few things in mind while pondering whether or not you would like to seek an attorney’s guidance related to your situation.
In personal injury suits like these, you must generally prove that someone owed you a duty of care under the law and failed to honor that duty. For example, airlines are required to properly train their flight attendants in safe baggage practices. If an airline failed to train an attendant or an attendant failed to honor these safe practices, it is possible that you may be able to hold one or the other accountable for your injuries.
Source: Findlaw Injured, “Falling Carry-On Bag Leads to Injury, Airline Lawsuit,” Daniel Taylor, Jan. 23, 2015