Compensation for Passengers Injured in Flight on an Airplane

When an accident occurs on a flight, who is responsible?

When you are injured on a plane, whether you are on a domestic or international flight, you are protected by a piece of legislation called the Montreal Convention 1999. Originally drafted in 1999 and now ratified by 133 countries worldwide; The Montreal Convention 1999 establishes airline liability in the case of death or injury to passengers, as well as in cases of delay, damage or loss of baggage and cargo.

Article 17 of the Montreal Convention 1999 specifically covers liability for personal injury and provides that:

“a carrier is liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking.''

In most personal injury claims it is necessary to prove negligence or a breach of statutory duty on the part of a defendant, but under the Montreal Convention 1999, it is only necessary to prove the following:

• That the accident was an unexpected or unusual event or happening that is external to the passenger
• That the accident was not down to the passenger’s own internal reaction to the usual, normal, and expected operation of the aircraft. i.e. deep vein thrombosis
• The accident took place upon the aircraft, whether it is in the air or not, or during the process of embarking or disembarking the aircraft.

In-flight injury claims

Many passengers who’ve been injured during a flight mistakenly think they’ll get help by making a complaint in writing to the airline.

However, it is highly unlikely that you’ll be rewarded with adequate financial compensation via this route. It is the airline’s insurance company that handles the real pay-outs, so, if you have been injured in an accident on an airplane, you should seek the advice of a personal injury lawyer to ensure you receive the levels of compensation you are entitled to.

If a passenger has been injured during air travel by anything that is out of the norm, then the airline is strictly liable. There is no need to prove that the airline has been negligent, making the process of making a compensation claim more straightforward than in many other forms of personal injury claims.

That said, there is still an onus on the victim to prove that the accident was caused by an ‘unexpected or unusual event’ and this is not always as simple as it sounds. So, if you are looking to bring a claim under the Montreal Convention 1999, you should seek the expertise of qualified personal injury solicitors with experience in bringing such a claim, you need PSR Solicitors. 

Contact the expert in-flight injury solicitors at PSR Solicitors for a free claim evaluation today or send your details through the enquiry form and we’ll call you back.

Making a compensation claim under the Montreal Convention

If you have suffered an injury on board an aircraft or at an airport, then you should contact us as soon as possible in order to discuss whether or not you might be able to make a claim for compensation.

It is important to remember that a claim brought under the Montreal Convention 1999 must be brought within two years from the date of the accident, and not the usual time limit of three years applied to the vast majority of personal injury claims in England and Wales.

However, we’d strongly advise you to make a claim at your earliest convenience following the incident. This will help to strengthen the evidence of your case and will improve your chances of securing the optimum levels of compensation.

It is also worth mentioning again that these rules apply “in the course of any of the operations of embarking or disembarking". Therefore, this generous provision might apply to you if you have suffered an injury at any point after going through security at the airport as you leave, or before you go through passport control after you land.

The precise circumstances of each case are different, so if you have suffered an injury at an airport, then PSR Solicitors will be able to discuss this with you and advise you exactly how the law applies to your circumstances.

How much compensation can I claim for an injury on a flight?

One of the key features of the Montreal Convention is that airlines now accept strict liability for accidents up to a certain capped amount, where an accident is proven.

The cap is set using a universal currency called Special Drawing Rights or SDR, set by the IMF, which is used to benchmark values against other currencies for consistency in international cases such as this. At the time of writing the cap is currently 128,821 SDR which equates to about £133,147, US$185,408 and €152,964.

The result is that most smaller claims are now settled out of court, reducing both the costs and the time needed to pursue them.

Where an air passenger's claim exceeds the SDR limit, an airline can use the defence that the accident was not due to their own negligence or can attribute the accident to the negligence of a third party.

Common causes of accidents on airplanes

Airline passenger numbers have increased in all but one of the last 15 years, and this trend certainly looks set to continue for the foreseeable future.

While the number of major air disasters has decreased in recent years, there has been an increase in the number of smaller on-board and in-flight injuries to passengers, with an estimated 4500 passengers injured each year by falling baggage.

This increase has been attributed to factors such as:

• carriers failing to enforce carry-on baggage rules
• higher costs for checked baggage leading to passengers taking heavier carry-on luggage
• flight attendants working longer shifts

The five most common causes of in-flight injury are:

• Turbulence
• Falling Baggage
• Food & beverage trolley
• Tripping hazards
• Scalding and burns from hot drinks and food

Other common causes of on-board or in-flight injuries include:

• plane crashes or air accidents
• planes colliding with terminals during docking
• heavy landings
• slipping while disembarking the aircraft
• allergic reactions to food served onboard flight
• the actions of other passengers

Injuries caused during air travel can be painful, severe, and can most certainly ruin holidays.

If you have suffered a personal injury during travel by air, you should not be deterred from making an airline injury compensation claim. The law is on your side.