Personal Injury
By Seanin Somerville
Latest News

Personal Injury Onboard An Aircraft

Oh for flying out loud! What happens if I sustain a personal injury whilst on board an aircraft? Let us ex-plane…

Flying may be one of the safest forms of transport but when an accident takes place onboard an aircraft, it can cause a great deal of distress. Such injury and pain could ruin your much longed for holiday or important business trip.

If you are injured in an accident whilst on board an airplane, you may be eligible to make a claim for personal injury compensation.

There are different ways in which you could suffer personal injury onboard an aircraft. For example:

  • Items falling from overhead lockers causing injury

  • Hot liquid spills causing burns or discomfort

  • Accidents or injuries caused by actions of cabin crew, such as being hit by a drinks trolley

  • Food served with insufficient allergy information

  • Avoidable slips, trips or falls within the aircraft

  • Injuries or accidents caused by actions of other passengers

  • Unexpected inflight turbulence, or bad landings causing injury.

Airlines are ‘strictly liable’ for your safety under the Montreal Convention

In most cases, airline compensation claims are made under the Montreal Convention – a powerful convention designed to be a single and overarching set of rules governing when an airline is liable for injuries. Under the Convention, passengers are usually entitled to pursue an accident claim for compensation in their home country against the airline. What is known in legal terms as “strict liability” applies – meaning so long as an accident occurred, you do not have to prove that the carrier was at fault only that an accident occurred.

All you must show is that an accident occurred causing injury or death, wounding or other bodily injury whilst embarking or disembarking or whilst on the aircraft.

What is the limitation period to claim compensation for aircraft accident personal injury?

This is very important – the Montreal Convention allows a 2-year period from the date of the accident to claim compensation for personal injury.

In the UK an accident claim must be started within three years from the date of an accident, but if the accident is on an aircraft the time period is only two years from the date of the accident.

Which country can you make your claim for compensation in using the Montreal Convention?

You have the choice as the person who has been injured or has suffered loss to start your claim in either the country where the carrier is based, the country where you bought your flight or the country where your flight was to end.

We highly recommend seeking advice from our specialist solicitors at P.A Duffy & Co. We have the right altitude and aim to take your claim to new heights by providing you, the plane-tiff with the guidance and support needed to navigate the claims process effectively. By working with us if you have sustained a personal injury onboard an aircraft, you can feel confident that your claim is being handled with diligence and expertise.

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