Advice On Suing An Airline For Negligence

The number of holidaymakers and business travellers using airlines has risen sharply over the past two decades. The rise of budget travel can be dated approximately from the founding of EasyJet in 1995. Millions of passengers fly annually to and from British airports, and the pressure on airlines to keep their costs to a minimum is intense. When hundreds of people are fitted into the confined space of a plane's cabin, in an often physically unsteady flying environment, inevitably the potential for accidents exists.

Who Is To Blame For An Accident On A Flight?

Where third party fault for an accident exists, compensation claims may be brought against the airline, the plane's owners, the package tour company, or the manufacturers of the plane. The Montreal Convention imposes strict liability on airlines, meaning that the burden of proof will be on them to prove that an accident was not their fault. It is also an internationally recognised convention and allows injured parties to bring claims in their home country, or country of residence, rather than having to rely on foreign jurisdictions.

Typical Accidents On Planes

Accidents on planes may be the fault of passengers, cabin staff, or pilot error. Passengers may open overhead lockers causing items to fall from them, or may discard items in the aisle causing others to trip and fall. A high percentage of accidents occur during periods of in-flight turbulence. Cabin staff may be pushing trolleys down aisles as the plane becomes unstable, causing items to fall from them. If hot food and beverages are being served at the time, passengers will be at risk from spillage and burn injuries. Food poisoning may result from poorly prepared in-flight meals. All these circumstances, an injured person may decide to make a compensation claim against the airline.

Claims Against Airlines & Tour Operators

For a compensation claim to succeed an accident or injury must be caused by 'an unusual and unexpected event or happening external to the passenger'. Compensation claims under the Montreal Convention must be brought within 2 years of the date of the accident. The financial liability on an airline is limited to £100,000 (or foreign currency equivalent), unless actual negligence on their part can be proved. Those who have booked flights as part of a package deal may also be able to bring a claim against the tour operator under the Package Travel, Package Holidays and Package Tour Regulations 1992.

Flight Accident Compensation

Provided your claim relates to an accident on a flight that has taken place in the last three years, Bartletts can represent you on a no win no fee basis. You are assured of keeping 100% of any compensation awarded, with no deductions. In the event that your claim is successful, our fees are paid by the losing party. Apart from financial compensation for pain and suffering, you can also claim for loss of earnings, the cost of medical treatment and travel expenses. The vast majority of the claims we take on are successful, and where they are not we will charge you nothing.