Claiming against an airline or airport is a specialist area and you are certainly going to need the kind of expert help we offer at PSR Solicitors. As there are some very specific nuances to the law regarding accidents or injuries suffered on an aircraft, or at an airport. There are also some differences in how claims can be made, depending on whether your journey was international, domestic or a combination of both.

Let’s begin at Montreal and see what that means for you

The Montreal Convention 1999 (MC99) is a multilateral treaty that was adopted by International Civil Aviation Organization (ICAO) members in 1999. The MC99 established airline liabilities in the event of a death or injury of a passenger, as well as for delays, damage or loss of bags and other cargo. The MC99 was designed to be one universally recognised treaty that would govern airline liabilities throughout the world. Supported by over 135 countries, it brought together all the different and conflicting international rules covering airline liabilities. It was an important measure, as international travel had been ruled by a set of out of date, inappropriate and antiquated measures that had first been introduced back in 1929.

It’s important to note that the MC99 only applies to international flights. Which means that if you were travelling between two countries that are signed up to the convention, and you sustained an injury during that journey, then you would have grounds for a claim and would be eligible for compensation. As only international travel is covered, if your accident occurred on a domestic flight, for example travelling from Edinburgh to London, then the MC99 does not apply and this can make claiming a little more complex. 

However, if you were travelling from Edinburgh to Miami via London, this is viewed as an international journey, and should you have suffered an accident on the Edinburgh to London leg of that journey, then you would be able to claim compensation under MC99.

To make a successful personal injury claim under the MC99, there are a few criteria stated in the regulations that the accident must meet. For example, there must have been an unusual event or unexpected happening, that was external to the passenger, and that directly caused the injury. The injured person cannot claim compensation if the accident was caused by their own reactions to the normal operations of the aircraft. Once a direct cause and effect has been established, then the airline is undoubtedly liable.

It’s also important to note that accidents on aircraft are not always the fault of the airline. In some incidences, such as injuries caused by severe and unexpected turbulence, no one can be blamed for the accident. You may also have been injured as a result of the actions of another passenger. Under the MC99, in both these cases the airline is still legally responsible and would be required to pay compensation.

What to do if you’ve suffered an accident or injury

If you’ve sustained an injury as a result of an accident on an aircraft, or in an airport, then you might be eligible for compensation. 

According to the United Nation’s International Civil Aviation Organization (ICAO) there are a staggering 2 million reported accidents and injuries on aircraft alone every year. With around 200,000 reported in the UK.

Often, the cause of an in-flight injury is clearly the fault of the airline or aircrew, although other external factors like in-flight turbulence or broken or faulty equipment can also play their part. Injuries are also often varied, but the most common seems to be broken bones and sprains. Although in more serious cases, they can also include burns, brain and spinal cord injuries and death.

Obviously, your circumstances will be unique, which is why it’s always a good idea to contact one of our specialist claims team, who will be able to quickly talk through your situation. To give you a little idea of what usually makes for a successful claim, here is a list of the more common accidents that occur and result in successful compensation claims being made:

• Food served with insufficient allergy information.
• Avoidable slips, trips or falls within the aircraft.
• Accidents when embarking or disembarking.
• Accidents involving the airport shuttle bus or transportation.
• Injuries or accidents caused by actions of other passengers.
• Items falling from overhead lockers.
• Hot liquid spills.
• Injuries caused by actions of aircrew, such as being hit by a drinks trolley.

The above list is not definitive and does not include all scenarios but is meant as a guide to the more common causes of accidents and injury.  

If you feel that you may have a claim to bring, then you should seriously consider getting some redress for the pain and suffering caused to you, to say nothing of the medical expenses, treatments and possible financial losses you may have suffered as the result of someone else’s actions.

Here at PSR Solicitors, our team of experts have the specialist knowledge and experience you’ll need to ensure that you get the best possible result in the complex world of airline claims.

Richard Layfield, who heads up our personal injury team, would be delighted to have a quick chat with you and to give you a free overview of your individual case. Just call 01244 848820 or email direct on richard.layfield@psrsolicitors.co.uk

We have offices throughout North Wales and Cheshire and you can contact us safe in the knowledge that one of our expert solicitors will take care of everything for you on a No Win No Fee basis allowing you to carry on with your life whilst we proceed with your legal case.

Richard Layfield LLB (Hons)

Solicitor - Head of Personal Injury & Clinical Negligence

As an experienced personal injury and civil litigation Solicitor, I represent Claimants in all manner of personal injury case work including injuries as a result of Medical Negligence, Road Traffic Accidents, Accidents at Work, and Occupiers Liability Accidents. I handle all types off personal injury claims from the minor right through to complex, serious injury claims.

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