Accidents on Airplanes and Accidents in Airports
Airports and airlines work hard to maintain high standards of service and safety and air travel is still considered to be one of the safest means of transport.
Airplane Accidents
Air travel often involves flying between different countries so accidents on an airplane are governed by international laws. The Warsaw Convention and Montreal Convention on International Carriage by Air 1999 provide that a carrier (the airline) is liable for damages if a passenger is injured or killed in an airplane accident or during embarkation or disembarkation.
The convention rules that it is not necessary to prove that the accident on an airplane was caused by the airlines negligence and so allows for the inclusion of non-fault accidents. In the Conventions an accident is defined as an incident which is unexpected or unusual and is external to the passenger. There is no liability for a passenger who suffers an internal reaction to the normal operation and behaviour of an aircraft.
Plane crashes, terrorist attacks are clear examples of events which are unexpected and unusual. Accidents on an airplane caused by the behaviour of other passengers, food poisoning caused by in-flight meals, scalding caused during the service of hot beverages or food and even severe turbulence which causes injury are included.
An object falling from an overhead locker and injuring a passenger will be deemed an accident yet a back injury to a passenger lifting luggage into will not. This is because the latter is not considered unusual and could not have been expected.
Neither is Deep Vein Thrombosis (DVT), a condition which sometimes occurs in passengers, particularly on long haul flights, considered within the Conventions’ definition of an accident.
Accidents in an airport
In order for an accident to come within the rules laid down in the airport it must have happened on board the aircraft or during the process of embarking or disembarking from the aircraft. In some cases this can include airport transport accidents during the carriage of passengers between the plane and the terminal.
An accident which happens in the airport terminal building will usually fall outside the scope of the Convention. This doesn’t mean that you will not be able to make a claim for an accident in an airport terminal but it will be pursued differently to an accident on an airplane which is covered by the Warsaw and Montreal Conventions.
If you have suffered an accident in an airport terminal building you may still have a valid case to make a claim for compensation. Even if you are unsure about making a claim Macks Solicitors will be happy to discuss this with you and advise you accordingly.
Seeking advice following accidents on an airplane and accidents in an airport
Disputes over liability for an accident on an airplane tend to be focused upon the Conventions definition of an accident and whether the injury occurred as a result of an accident within this definition.
That is why it is important to seek advice from an experienced legal professional. Macks Solicitors is an established personal injury practise whose specialist solicitors have experience in all types of accident on an airplane claims as well as claims arising from an accident in an airport.
Macks Solicitors are happy to provide legal advice on pursuing a claim for compensation without obligation. If, following your discussion with one of our skilled personal injury solicitors, you decide you would like to pursue a compensation claim we will be happy to act for you in this regard.