Is it possible to claim for tripping on airplane since I fractured my wrist when I fell over another passenger’s belongings?
It should be possible to claim for tripping on airplane as long as you were travelling in a country which has accepted the Montreal Convention, such as the Republic of Ireland. As a condition of carriage, the airline accepts liability for accidents which occur on board the aircraft. Claiming compensation for injuries sustained on board aircrafts is, therefore, different from “regular” personal injury claims with the main difference being it is not necessary to prove that the airline company was negligent – the only criterion you must meet is that the injury you sustained required medical treatment.
For you to be able to recover compensation for your airplane trip injury, you must provide proof that your injury was sustained in an accident that happened while you were on-board the aircraft. In order to supply proof, it is essential that you visited a hospital or your family doctor for medical treatment as soon as you disembarked, as proof of injury is most often confirmed by your medical records.
Your claim for tripping on plane can also be supported by fellow passengers who witnessed your trip on aircraft; however, it is more likely for witness testimony to come from members of cabin staff who, according to their duties, would probably have come to your assistance after you tripped and suffered your injury.
The amount of compensation for your airplane trip injury you may qualify for will depend on a number of different factors. You will be recompensed for the pain and suffering you experienced at the time of your injury, with reference to your age, sex and general state of health prior to the accident. Additionally, you should be entitled to be reimbursed for any financial expenses you have incurred which are directly attributable to your trip on aircraft, and damages can also be awarded for the effect your injury has had on your quality of life.
You should be made aware that claiming compensation for injuries sustained on-board airplanes can be made in either the country of embarkation, the country of your destination or the country in which the airline company is registered. Complications could potentially arise as each country may have different procedures for settling compensation claims for airline trip injuries, and different rules regarding the amount of compensation you are likely to be able to recover. Different limits for each country may also apply to how long you have in which to pursue your claim for an airplane trip.
Therefore, in order to ensure that you are indeed eligible to claim for tripping on airplane, you would be strongly recommended to speak with an experienced personal injury claims solicitor to discuss the circumstances of your accident and subsequent injury at the first moment possible and who could guide you in the best way in which to pursue your claim.