What to do if you have been injured on an aircraft?

Since the pandemic, flights departing from the UK have increased by 2.7% each year. As many holidaymakers take to the skies during the summer holidays, an estimated 256,000 will travel to popular destinations across Europe and beyond.

However, as flight volumes rise annually, so does the potential for onboard accidents - especially during the busiest time of the year. An accident can happen at any moment, from falling luggage due to other passengers, slips or trips whilst embarking or disembarking, trolley accidents, turbulence or even burns from food service.

So, what is the right protocol for a passenger who has been injured on a plane?

Stephen Goodman, travel injury lawyer at Slater and Gordon has more than 20 years’ experience handling travel injury claims. He provides his guidance for holidaymakers who have fallen victim to an injury on their flight, to ensure they receive the right support and appropriate compensation.

“Injuries sustained during a flight are a common occurrence, and can range from something relatively minor and short-lived, to something more serious and long-term, so it's worth understanding what to do if it ever happens to you.”

All claims regarding injuries sustained during a flight, or during the process of embarkation, and disembarkation are governed by the Montreal Convention 1999. As Stephen explains: “The Montreal Convention covers international carriage of passengers and their baggage, and imposes a strict liability regime upon carriers for injuries which have been sustained during the flight as well as which amount to an accident under the convention.”

Although the liability on the carrier is strict; in order for a claim to be successful, and to establish the incident amounts to an accident the following criteria must be met in accordance with the Montreal Convention:

• The incident must have occurred during the processes of embarkation or disembarkation, or during the course of the flight.
• The incident must have been caused by an unusual or unexpected event
• The incident must have been caused by an external factor to the passenger i.e. it doesn’t link to an existing long-term illness

Although bringing a claim under the Montreal Convention can be difficult to navigate, there are some essential and key steps you must do to help with your claim.

A good place to start is reporting the incident: “The correct protocol is for the airline to document the incident with an accident report form, as they have a responsibility to do so. You should also request a copy of this for your own records,” Stephen says.

Following this, gathering evidence is equally as important to help your claim.

He explains: “You should take photographs or video (where you can) of what caused the accident such as a faulty tray table, or damaged seat. Contemporaneous evidence is invaluable as it can provide clarity and justification when identifying who is at fault.”

However, one of the most crucial factors is the timeframe for pursuing a claim. Passengers can pursue a flight injury claim up to two years from the date of the accident under the Montreal Convention 1999 and this cannot be extended in any circumstances.

Speaking to a travel injury lawyer as soon as possible is advised to see if you can make a claim or just to answer any questions.

As Stephen suggests: “If you are unsure about your claim, a travel injury solicitor can help navigate you through your case. They can assess the strength of your claim and ensure the correct steps are made so you receive any compensation you deserve.”