Accident in a Public Place*

Air Travel Injuries: Legal Rights and Remedies for Passengers*

At Tracey Solicitors LLP we understand that dealing with a significant incident can be challenging. If you or a family member find yourself seeking compensation for an accident where you feel you are not at fault, and you are unsure of the process, here at Tracey’s we are here to guide you on your legal journey, giving you time to recover.

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Your flying experience should be as enjoyable as possible, however there can be times when it isn’t as pleasant as it should be. Instances such as delayed flights, disruptions, and cancellations can hinder any holidays, or work trips that you may have planned.

While rare, unfortunately, serious incidents such as plane accidents, or passengers falling ill while on the flight or at the airport can occur. These events can be distressing and have huge effects on passengers of the plane. These types of accidents usually have little to do with the passenger’s actions. There can be human error at the hands of pilots, traffic control, or engineers, or there can be technical errors involving the aircraft itself.

Types of aeroplane accident claims

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

It is beneficial to note that the incident doesn’t necessarily have to happen while you’re physically on the aeroplane. If any accidents occur while you are in the airport premises and you are not at fault, the responsibility lies with the relevant responsible operator, for example if the incident occurred on the plane the airline would be responsible.

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.

The above list covers various potential plane related injuries, however if you have experienced any other aeroplane accident/issues not mentioned, you may be entitled to seek legal action, our expert team of personal injury specialists are here to guide you on your legal journey, if you are unsure of whether you are eligible for compensation, please contact us on our website: Tracey Solicitors LLP | Personal Injury Solicitors, Dublin or call us on: 016499900.

Protections and rights for inflight accidents and illnesses:

The Montreal convention 1999

As for any other type of injury, that is not your fault, you are entitled to seek compensation for any/all injuries sustained while at the airport or during a flight.

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. The Montreal convention 1999 ensures that in the event of any injury, or death, an EU airline is obliged to honour any compensation claims without contesting, given it less than 128,821 SDRs.
If the claimed amount exceeds the limitation value, the airline can defend itself by demonstrating that they were not negligent. It is important to note that the airline must maintain adequate insurance coverage to handle such claims.

In the unfortunate circumstance of injury or a fatality, the airline is required to make a payment within 15 days to cover immediate financial needs. In cases of death, the minimum advance payment must be at least 16,000 SDRs. however, this payment does not imply liability and can be deducted from any future compensation.

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.

Long term effects of air travel injuries/illnesses

Aviation continues to be one of the safest methods of travel, however when accidents do occur, they can be catastrophic.

Those affected by aviation accidents may endure severe injuries, requiring extensive medical care that spans months or even years for a complete recovery. In some cases, the injuries may result in lifelong implications.

Aviation accidents can lead to severe injuries such as

  • Traumatic brain injuries (TBIs)
  • Spinal cord and back injuries
  • Multiple bone fractures
  • Burns
  • Emotional trauma

These injuries require extensive medical treatment and may have long-term consequences, impacting victims physically, emotionally, and financially.

Who is responsible for airline/airport personal Injury claims*?

The liability for injuries on an aeroplane or in an airport varies depending on location of the incident, for injuries on board the aircraft, typically the airline is responsible, similarly if the accident took place on the airport premises, the airport owners are usually considered liable.

However, there can be some exceptions, for example if you were injured by airline staff during baggage check in the airport, the airline might be accountable for the incident. Determining liability requires identifying the party at fault, by getting in touch with a solicitor it can provide clarity on each individual circumstance.

What does aviation/ airplane incidents compensation cover:

Victims of plane 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 aeroplane /airport claim*?

If you – or you are trying to make an aviation claim on behalf of a friend or family member – after seeking medical attention if needed, the next step is to get in touch with an experienced and qualified solicitor.

At Tracey’s Solicitors LLP, we can guide you on your legal journey, and ensure you receive the best outcome possible. Our expert team of personal injury specialists pride themselves on their dedication to client care and are proud of their results to date. To get in touch, call us on 01 649 9900 or email us at ask@traceysolicitors.ie.

 

 

 


What to do after an accident in a public place*?

Following an accident in a public place, there are a number of steps you should follow:

  1. Seek medical attention

    Your health is your wealth and should be your first priority. Immediately after a public place accident, take a second to assess yourself to determine if you have any injuries and seek the relevant medical attention. If you have sustained a serious injury ensure that you contact an ambulance to attend the scene.

    For minor injuries, you must remember that minor injuries where you ‘feel fine’ could progress to a more serious injury in the future. In this case it is always better to be safe than sorry and advisable that you go to your nearest accident and emergency (A&E) or local GP to be checked out.

  2. Report the accident

    If you have an accident in a public place it is important to report it to the persons who are in charge of the upkeep of property.

    Examples of such are:

  3. Identify any witnesses

    If possible, try to collect the contact details of anybody that witnessed the accident. This may be of good use if you do decide to pursue a public place accident claim. It is also useful to find out if there is any CCTV in the area where the accident happened.

  4. Document the incident

    It is important that you collect all the relevant information in connection with your accident:

    • How the accident happened
    • Details of any witnesses
    • If there are any CCTV recordings of the accident
    • Take pictures of where the accident happened and what caused you to slip, trip or fall
  5. Speak to a public place accident solicitor

    If you are considering moving forward with a public place accident claim for any personal injuries sustained it is advisable that you speak with a public place accident claims solicitor as soon as possible. If you are proceeding with a claim, the first step will be submitting your claim to the Injuries Board for assessment. A public place accident solicitor can help you in preparing your application to the Injuries Board and ensure that you follow the process in the correct format, meaning that you can move forward with your claim quickly without unnecessary delays.

    It is important to remember to keep copies of any expenses that you have incurred as a result of the accident. It is also imperative to retain copies of medical reports or incident report forms where possible as you will need them when making a claim.

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What are the Legal Time Limits?

The statute of limitations are the legal time limits on how long you have to make a claim — these vary depending on the situation. The general rule for most personal injury cases is that the person has two years from the date of the accident or date of knowledge of the accident to make a claim for compensation. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.

Learn more about Time Limits

About Tracey Solicitors LLP

We draw on more than 35 years of experience in personal injury law to provide you with expert advice and legal services.

We’re here to help you with your claim, and will work with you to ensure you understand every step of your legal journey.

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