Injuries that happen on aeroplanes, including during embarkation and disembarkation, can occasion pain and suffering and time taken off work for recovery. For example, you could suffer whiplash from turbulence; or you be scalded by a hot drink tipping over you. It is possible to obtain compensation for such injuries; however, depending on the nature of your aeroplane journey, different sets of rules may operate.
If you are injured while on an independently-booked trip on an aeroplane during a domestic flight in the UK, then you will be able to make a claim for personal injury compensation against the airline, under UK law. Alternatively, if your domestic flight was part of a package tour, then you will be able to make a similar claim against the tour operator, if they trade in the UK.
If your injury occurred during an international flight that was part of a package holiday, you would be able to sue the airline or the UK-based tour operator. Under UK law, you will have to prove that it was the negligence of the airline or tour operator, which led to your accident and injury. Under these circumstances, there is a time-limitation of three years, in which to start a personal injury claim for an aeroplane injury.
However, if your accident and subsequent injury occurred while you were on an international flight, which you had booked independently, then the rules of the Montreal Convention will apply, and this is part of international law. The Montreal Convention imposes strict liability on air travel carriers, which means that injured passengers will be compensated without having to prove that the airline was negligent. Thus, you will only have to prove that a plane accident occurred, and that you were injured as result.
Because of strict liability, damages payable by an airline to an injured passenger are capped at about £113,100. However, if you want to pursue a personal injury claim for more than this amount against the airline, you are entitled to do so through UK court action, but you must then prove that the airline was negligent. There is a time-limitation of only two years, in which to claim compensation for personal injury, under the Montreal Convention.
If you have suffered an aeroplane injury, you should consult a personal injury solicitor, who can advise on the personal injury law that applies to your particular circumstances.
- Last Updated on 29/08/2011
