If you were hurt on a commercial flight, you may have the right to sue the airline. However, how that claim works depends heavily on one question: was your flight within the U.S. or crossing international borders?
Domestic and international flights follow different legal rules
For international flights, the United States is part of a global agreement called the Montreal Convention, an international treaty that sets the rules for how passengers can sue airlines for injuries. You still go after the airline, but the treaty controls what you need to prove, how much you can recover, and how long you have to file. Florida law generally does not apply.
For domestic flights, however, standard Florida negligence principles govern your claim just like any other personal injury case.
Many types of flight injuries can support a legal claim
Airlines have a legal duty to keep passengers reasonably safe. Common incidents that can give rise to a claim include:
- turbulence injuries
- overhead bin injuries from improperly secured luggage
- slip and falls in the cabin or on the jetway
- burns from scalding beverages
- failure to provide timely medical assistance.
For international flights specifically, your injury must result from an unexpected or unusual event external to you, not a pre-existing medical condition that happened to worsen during the flight. This threshold does not apply the same way to domestic flight claims.
The burden of proof differs for domestic and international claims
For domestic flights, you must show the airline breached its duty of care and that breach caused your injury. For international flights, the Montreal Convention makes the airline strictly liable for injuries up to 151,880 Special Drawing Rights, roughly $200,000 USD, without any need to prove negligence.
Above that threshold, the airline can avoid liability by demonstrating it took all reasonable measures to prevent the harm.
What Florida passengers can do after an airline injury
Report the injury to airline staff before leaving the aircraft and ask for a written incident report. Seek medical attention promptly and gather witness contact information. Photograph the scene and your injuries if you are able.
Filing deadlines are critical. For both domestic and international flights, you generally have two years to file a claim. For international flights, that clock starts from your arrival date and cannot be extended. For domestic flights, Florida law starts the clock from the date of your injury.
Speaking with a Florida personal injury attorney as soon as possible helps you understand which framework governs your claim and what steps to take next.