Aviation and aeroplane injury claims

When travelling abroad for a holiday or business, your flight is just as much a part of the experience as the destination. Whether you’re flying out or coming home, if things go wrong and you’re injured or become ill and it wasn’t your fault, it can affect your trip.

Passengers travelling by aeroplane have a right to expect that their safety and wellbeing is protected, including:

• Onboard an aeroplane
• When embarking/disembarking the aircraft
• Within any airports

If you are injured or catch an illness due to health and safety negligence by an airline, you may be entitled to compensation. Our personal injury lawyers are prepared to fight hard to ensure that your rights are upheld by pursuing your claim. This differs from claims around cancelled or delayed flights.

The Montreal Convention

If you are injured either onboard or when getting on or off an aircraft, you may be able to make an air accident claim for compensation. The Montreal Convention covers the international carriage of passengers by air and deals with aeroplane injury claims against carriers.

Ordinarily, fault or negligence may not have to be proven as, in specific circumstances, liability against the carrier is strict. However, there are particular requirements for the event that causes the injury to be considered an “accident” following the Montreal Convention, which often differs from the standard/dictionary definition .

The time limit for bringing an air accident claim under this convention is only two years, so you should pursue legal advice without delay.

Types of air accident claims

Air accident claims cover any injury or illness caused by an accident that an airline could have taken steps to avoid. When you travel by plane, the airline is responsible for your health and safety not only on the plane itself but also during the process of embarkation and disembarkation. This could be from when you officially check in for your flight to when you pass through passport control at your destination airport. It is the airline carriers responsibility to look after your health and safety. 

Incidents that may lead to an aeroplane injury claim can include:

• Slips and trips when onboard, boarding or disembarking the aircraft or while in the airport.
• Being hit and injured by falling luggage from overhead lockers.
• Food poisoning from inflight meals.
• Scalding or burns accidents from hot drinks served on board.
• Assaults by other passengers.
• Injuries caused by extreme turbulence.
• Injuries caused by being hit by the drinks trolley.
• Injuries sustained as a result of a bus collision during the transfer process from airport terminal to the plane.

Your rights for in-flight injuries

Aeroplanes are incredibly safe, but with more people travelling by air the chances of small incidents and injuries might increase. During a flight, embarking or disembarking an aircraft, whether you’re a passenger or crew member, you may experience minor accidents and injuries.

These can be physically painful. In many cases, your rights may be upheld and the airline could be liable under Article 17 of the Montreal Convention. This can be if the incident causing your injuries took place onboard, while embarking or disembarking the aircraft.

It covers accidents not due to the aircraft’s normal, expected operations (such as strong turbulence, heavy baggage falling and hot drinks being spilled). No matter how small the incident, the law can protect you for any in-flight injuries experienced.

Discover more about your rights if you’re injured in-flight.

How we can help with your aeroplane injury claim

Air accident claims can be complex, so you may require expert legal advice. Our team of specialist travel solicitors have helped hundreds of passengers who have suffered injuries and illnesses onboard, while embarking/disembarking aircraft and within airports, through no fault of their own.

We have experience dealing with aeroplane injury claims of all kinds, so you can be sure you will receive expert advice – whatever the specifics of your case. Our team can provide detailed and tailored advice relevant to your air accident claim in a free initial assessment, and we can offer “no win no fee” funding arrangements.

Contact our experienced, dedicated travel team to discuss your case and start your claim. Someone from the team will provide support and advice to those involved in aeroplane/aviation accidents.