Accident in a Public Place*

Your flying experience should be as enjoyable as possible, however there can be times when it isn’t as pleasant as it should be.

If you are injured while on a flight or in the airport, you may be entitled to make a claim for compensation for your injuries.

Types of air travel accident claims*

Air travel accidents that receive media coverage are often those that involve serious crashes. Fortunately, such incidents are extremely rare, and the majority of air travel accident claims relate to minor injuries.

Common incidents can involve:

• A slip or fall while on the plane or at the airport.
• Any injuries caused by falling luggage from overhead lockers.
• Accidents on airport transportation such as shuttle trains or buses.
• Assault by another passenger
• Injuries due to turbulences
• Burns from any spillage of hot drinks served on the plane.

Who is responsible for air travel personal injury claims?

An air travel accident may happen on the aircraft, or in the airport.

If the accident occurred while on an aircraft, the airline may be liable for the injuries sustained, if there was negligence on their part.

If the accident took place on airport premises, it may be the airport operators, an airline, or another business who could be liable for the accident. For example if you were injured by airline staff during baggage check in the airport, the airline might be liable for the incident rather than the airport operators. Or if you slipped on wet flooring in the airport, it may be that a cleaning company failed in their duty of care, rather than airport management.

This is why it is vital to speak with a specialist air travel claims solicitor and explain exactly how and where the accident occurred. A solicitor will be able to correctly identify the business or entity responsible so that you can determine liability and take legal action if needed.

Protections and rights for international inflight accidents and illnesses

The Montreal Convention 1999

The Montreal Convention 1999 is an international treaty on airline liability rules for passengers, baggage and cargo in international air travel.

The provisions of the convention include:

• Unlimited liability in the event of death or injury of passengers.
• Advanced payments to meet immediate needs.
• The possibility of bringing a lawsuit before the courts in the passenger’s principal place of residence.
• Increased liability limits in the event of delay.
• The clarification of rules on the respective liability of the contractual carrier and the actual carrier.
• The obligation for air carriers to maintain adequate insurance.

According to the Montreal Convention, the liability limits are established using Special Drawing Rights (SDR), which represent a combination of currency values determined by the International Monetary Fund (IMF). The IMF’s website provides the current value of an SDR in Euro. These liability limits undergo a review every five years.

In case of death, wounding or any other bodily injury, there is no financial limit on the liability of an EU airline for damages sustained.

For damages up to 151,880 SDRs, the airline cannot contest compensation claims. Above that amount, the airline can defend itself against a claim by proving that it was not negligent or otherwise at fault.

If for example, you are injured or killed, the airline must make an advance payment to cover immediate economic needs within 15 days. In case of death, this advanced payment must be at least 16,000 SDRs. However, an advance payment is not a recognition of liability, and may be offset against any further payments.

For more information, visit www.citizensinformation.ie.

Time limits for filing an aviation personal injury claim

If you intend to file a claim for loss or damages as a result of an aviation injury or illness, you must do so within two years and one day from the date the plane arrived at its destination or was scheduled to arrive.

What does compensation cover?

Victims of air travel injuries may be entitled to receive compensation for various damages and expenses resulting from the incident. These compensations can include:

• Direct Compensation: This covers the payment for the physical and emotional harm experienced by the victim as a result of the plane incident.
• Loss of Earnings: The compensation includes wages or income that the victim couldn’t earn while recovering or receiving medical treatment.
• Unnecessary Travel Costs: This covers additional travel expenses incurred due to the incident, such as medical transport or unplanned trips for treatment purposes.
• Medical Bills: The reimbursement of medical treatment and care costs necessary for treating the injuries sustained during the plane incident.
• Cost of Ongoing Medical Treatment: If the injuries require continuous or long-term medical treatment, the related expenses may also be covered.
• Other Associated Costs: Depending on the specific circumstances, additional related expenses resulting from the incident may be included in the compensation.

How do I make an air travel injury claim?

First step is always to look after your health and seek medical attention for your injuries. After that, the next step is to get in touch with an experienced air travel injury solicitor.

At Tracey Solicitors LLP, we can guide you on your legal journey and ensure you receive the best possible outcome for your situation. We pride ourselves on our dedication to client care and our results to date. To get in touch for a confidential discussion, call us on 01 649 9900 or email us at ask@traceysolicitors.ie.