If you or a relative suffer an in-flight accident, you may be able to claim compensation
A recent survey by National Geographic revealed that one third of British people are more scared of flying now than ten years ago. Despite this, the evidence still suggests you are far more likely to die driving to the airport than to be involved in a fatal plane accident.
Statistics aside, what happens if you are involved in an accident while travelling by air?
Air carrier liability is covered by the Montreal Convention if you are travelling internationally. This provides that an airline is liable for damages if a passenger is injured or killed on board the aircraft, or when embarking or disembarking.
With domestic flights, you would claim against the responsible airline using UK law.
There are several different circumstances that could give rise to a claim. These include:
- overhead luggage falling on passengers
- hot drinks being spilled on passengers
- food poisoning caused by in-flight meals
- severe turbulence
- plane crashes and terrorist attacks.
For claims involving international flights, it is not necessary to prove that the airline was negligent. However, the airline may be partly or fully exonerated from liability if they can prove the injury was caused or contributed to by the negligence of the injured person.
One key decision is where you claim – for example, where the airline is domiciled, where the ticket was purchased, or where you were going. The choice of place can impact the potential compensation, so it is important to get good advice on this.
It is also essential to get expert guidance on the time limits for making a claim, since these can be shorter than the usual UK time frame for personal injury claims.
Our specialist team can assist with claims in this complex area, and guide you through the process step by step.
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