I had a client who was hurt on an airline. The airline attendant was rushing to push the cart down the aisle. The attendant pushed the cart right into the my client’s elbow then kept pushing the cart. My client was in shock and in pain. The attendant didn’t stop. The last thing he was thinking about was whether he should fill out an accident report.
My client pushed the button to get the attendant to come to his seat. He wanted to tell the attendant that he was hurt by the cart. A different attendant came and spoke to him. They didn’t offer anything like ice or pain medications. They just looked at him skeptically and told him that they would prepare a report. They told him to stay on the plane after it landed.
After people exited the plane, two attendants came to my client and spoke to him about the incident. He again explained what happened. This time they were writing a report. The attendants said that whoever was pushing the cart was not supposed to be going fast. They was also supposed to be two people pushing the cart to prevent injuries like his. They asked for him to help to fill out the accident report. They had promised to email him a copy when it was finished.
Fast forward two years. My client was never emailed the report. The pain had gotten much worse and he had several doctor consultations. He underwent injections for pain. He had physical therapy. The elbow was not getting better.
In litigation, the airline would not acknowledge the existence of a report. My client couldn’t remember if he signed the report or if he had filled it out at all. Too much time passed. He wasn’t sure anymore. The airline said that even if a report existed, it was a privileged communication between the airline employees and counsel. It was prepared in anticipation of litigation. It was now an issue that a Judge might have to decide.
Fill out accident report after airline injury?
So, should my client have filled out the accident report? It is always a good idea to make a report because it confirms that an injury or incident occurred. If you don’t make the report then you can almost certainly count on the employees forgetting about the incident. They will deny any knowledge about the incident occurring. It is obviously harder to deny it when you make a report.
Try to make a copy or photo the accident report.
But you can’t stop there when you fill out an accident report. Ask for a copy on the spot of any report you helped fill out. If they won’t give you a copy, ask to take a photo. Take some photos also of the location of the incident to help document what it looked like at the time. If you don’t insist on getting a copy, you can almost plan on the employee or manager losing it, not filing or discarding it. They will forget you ever made a report.
Get the name of any employees or the manager when filling out an accident report.
Another way to protect yourself if making a report is to get the name with whom you talked. Get a business card. Get some contact information. That way when they say they lost your report, you have a specific name with whom you talked.
Protect yourself when filling out an accident report.
So yes, go ahead make a report. Know that whatever you say will be used against you so keep it short and to the point. Try to get a copy of the report, especially if they ask you to sign it. Take some photos and get thfille name with whomever you spoke. I know it is hard to think of all this after getting hurt but know that whoever you are dealing with is probably trained for situation like this to minimize damaged to the company from your injury. That begins with the report.
Here is a link to a government site about filing a consumer complaint against an airline.
Click here for more information on what happens if you have been injured on a plane.
