Ashi Arora: What You Need To Do If You’re Injured Whilst Travelling On A Plane

Plane travel has now become second nature to many of us.  Gone are the days when travelling by plane was a rarity.  Now it has been likened to catching a bus.  What happens if you are injured on a plane?

Luckily if you are travelling between two different countries then you can usually rely upon the Montreal Convention.  This has been ratified by the UK and also most common holiday destinations.  There are, however, two notable exceptions which can cause problems to British holidaymakers: Russia and Thailand.

Under the Montreal Convention it is possible to claim for death or personal injury, damage or loss of baggage and the delay to passengers or baggage.

If it can be established that the death or bodily injury took place on board the aircraft – or whilst embarking or disembarking – then strict liability occurs. This means that the airline is responsible for your injuries even if it was not the direct cause of the accident.

There is, however, a two year limitation period with this type of claim and it cannot be waived.  The two year period also applies to any children.  This means that you have only two years to bring a claim and so you must act quickly.

When travelling abroad most people have an enjoyable experience, but if you are injured in an accident on a plane or whilst embarking or disembarking then there are steps that you need to take.  These accidents almost always occur in a foreign country and so it is important to try and obtain a report from someone either at the airport or on board the plane.  Retain your plane ticket and booking documentation.  Also retain any details of medical treatment received.

In the past Davis Blank Furniss has assisted a number of clients who have been injured on airplanes and whilst being transported to and from the airplane.  In particular:-

a) A passenger who was injured when luggage fell from an overhead compartment;

b) A passenger who was hit by a trolley pushed by an air hostess;

c) A passenger who was injured whilst being transported by bus to the terminal.

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