Is it possible to make a claim for accident on board an airplane if I was injured when a bag fell from the overhead compartment?
Although the criteria you must meet in order to recover compensation for a personal injury is different from “normal” circumstances, you should be able to claim for accident on board an airline. In regular personal injury cases, it must be proven that the injury sustained was due to the negligence of a third party.
However; under rules governed by the Montreal Convention which state that that an aircraft operator has to accept liability for any accident which occurs at any point between embarking the aircraft and disembarkation, the airline you were travelling in is automatically liable to pay aircraft injury compensation as a condition of carriage.
If it can be established that an accident occurred on the airplane and that an injury was suffered as a direct result, the aircraft operator will pay compensation; although it must be said that without proof of injury, no claim for accident on board an airplane can be made. Therefore, it is vital that you undergo a medical examination as soon as the airplane reaches its destination. This could mean seeing a GP or attending the nearest accident and emergency department – the most important factor is that you are treated by a professional medical practitioner who can add your injuries to your medical records.
Please bear in mind that although the negligence of the airline operator does not need to be proved when pursuing an airplane injury claim, if it transpires that you were one hundred per cent responsible for the cause of your injuries, you will not be able to recover any compensation. If contributory negligence becomes an issue, i.e. if you are found to bear partial responsibility for the accident of injuries sustained, the amount of compensation you are eligible for is likely to be reduced to reflect your own lack of care.
That said – the potential for a claim for aircraft injury compensation for injuries suffered when on board an airplane will almost certainly succeed, as even if the accident was caused by another person and an injury was sustained, the airline is still liable.
Despite the fact that proof of negligence in not required in such cases, it would be in your best interests to discuss the circumstances of your accident with an experienced personal injury claims solicitor who can increase the opportunity of receiving the maximum amount of aircraft injury compensation you are entitled to. Each claim for accident on board an airplane is unique and compensation should be calculated based on its own individual merits and your solicitor would ensure that all injuries and additional expenses are properly covered by any compensation award.