Going on holiday abroad is often considered one of life’s greatest pleasures. From packing up suitcases to hopping into the car and heading straight to the airport, the anticipation of the journey ahead fills us with excitement. While many travellers opt for insurance to mitigate risks associated with activities and exploration during their holidays, what often goes unconsidered is the possibility of accidents occurring en route to the destination or even on the return journey.
The Montreal Convention, an international treaty, plays a pivotal role in providing protection to passengers in case of accidents onboard aircraft, even amidst the complexities of international airspace. It determines liability and guarantees fair compensation for victims who suffer injury or death due to such accidents.
Types of Flight Accident Claims
Accidents which occur when an aircraft is on the ground, in the air, or during ground transportation between the terminal and the aircraft can all be covered by The Montreal Convention. You may be entitled to make flight accident claims should you be involved in any of the below accidents whilst onboard an aircraft:
- Burns resulting from spills of hot beverages
- Injuries caused by falling items from overhead lockers
- Collisions with aircraft equipment such as trolleys
- Slips or trips on wet surfaces or luggage
- Injuries stemming from faulty fittings
- Non-compliance with passenger dietary requirements leading to allergic reactions
- Injuries sustained when boarding or disembarking
Flight accident claims – who is responsible?
To pursue flight accident compensation claims, it must be proven that the accident occurred on the aeroplane for a compensable reason under The Montreal Convention. The Montreal Convention defines an accident as an unexpected or unusual event external to the passenger. Therefore, instances like a passenger collapsing due to natural health circumstances generally do not attribute liability to the airline.
However, airlines are accountable for maintaining the safety of their aircraft, ensuring secure overhead lockers, stowage of under-seat luggage to prevent tripping hazards, prompt clean-up of spills, and safe operation of trolleys around passengers. If a passenger sustains injury due to the airline’s negligence in maintaining these standards, they may be entitled to make flight accident compensation claims.
In some cases, third parties might be held responsible for flight accident claims. For instance, if overhead lockers fail to close properly or seats are not adequately secured, liability could fall on the manufacturer. Similarly, if passengers suffer injuries due to errors by air traffic controllers leading to hazardous manoeuvres while onboard, the Civil Aviation Authority (CAA) may be held liable.
Making flight accident compensation claims
For flight accident compensation claims, you generally have a two-year window from the date of the accident to file a claim. However, it’s recommended to begin the process promptly to ensure efficient gathering of evidence and to potentially improve the likelihood of a successful outcome.
It is crucial to ensure that your accident is accurately recorded by the airline, with sufficient detail of your injuries and accident circumstances. Gathering photo evidence of your injuries and the accident scene, along with obtaining witness statements from fellow passengers, will further strengthen any flight accident claims you make, by providing supporting evidence regarding the circumstances of the incident.
We then recommend contacting a specialist Personal Injury Law Firm, where your lawyer will handle all aspects of your case, including obtaining essential documentation and providing guidance throughout the legal proceedings, allowing you to concentrate on your recovery.
Stonehewer Moss can help
Deciding whether to pursue flight accident claims can be daunting, especially for those unfamiliar with the legal process or who have never navigated such a situation before.
However, the process of filing flight accident claims is more straightforward than one might expect, particularly with the assistance of experienced personal injury specialists like Stonehewer Moss Solicitors.
At Stonehewer Moss, our dedicated team boasts over 20 years of expertise in personal injury law. We recognise that each accident is unique and pride ourselves on delivering professional, personalised service to our clients. Our goal is to secure the maximum compensation possible for those we represent, ensuring you feel supported throughout your claim journey.
If you’ve been involved in an accident on an aircraft, would like to pursue flight accident compensation claims, but are uncertain about your next steps, reach out to Stonehewer Moss today for a free, no-obligation consultation. We’re here to provide clarity on your situation and guide you through the process.
To learn more about No Win No Fee claims, watch this short video.
Talk to our claims solicitor
Call us on freephone 0800 434 6544 or 01606 87 22 00
Email us at info@stonehewermoss.co.uk
