Claiming flight compensation for injuries sustained while on an airline
Ticket to ride, but read the small print
Ever wondered what all that fine print on airline websites or tickets is about?
The Montreal Convention 1999 features in all airline T&C’s in fact!
The convention sets out the law that governs accidents on planes and places responsibility on the airline company.
The airline company is liable to pay flight compensation in respect of an injury sustained during a flight.
This applies from the time of embarkation to the time of disembarkation so once you are on the plane these rules apply!*
Unlike other personal injury claims in Ireland, when making a claim for compensation, the injured person does not have to prove that the airline was negligent.
All the injured person is required to prove is that the accident happened whilst on an airplane, and that an injury was sustained as a direct result of that accident.
Given that there has to be an injury in order to claim compensation, if you do suffer an injury because of an airplane accident, the most important thing to do is to seek medical attention on landing – either with a local doctor or at the casualty department in a hospital – regardless of the country you are in.
As with any personal injury claim, it is of the utmost importance to report the accident or injury sustained as soon as possible. The airline should be requested to record the accident pursuant to their reporting procedures, contact details of any witnesses to your accident should be taken as well.
A claim against an airline for compensation arising from any injuries has to be made within a certain timeframe under Irish law.
It is therefore, in your best interests to discuss the circumstances of your injury on board an aircraft with a specialised solicitor at the first practical opportunity.
So when you are travelling again remember that your interest are being minded under the Montreal Convention! Or if you want to impress fellow passengers you can give it it’s full title namely
The Convention for the Unification of Certain Rules for International Carriage by Air!!