My friend believes that I am entitled to claim injury compensation for tripping and falling in an airplane after I sprained my wrist when I fell over a bag that was left in the aisle. Is this right and how much compensation for my airplane accident would I receive?

Eoin P. Campbell, LL.B., Solicitor

Editor in Chief

Eoin P. Campbell

Question:

My friend believes that I am entitled to claim injury compensation for tripping and falling in an airplane after I sprained my wrist when I fell over a bag that was left in the aisle. Is this right and how much compensation for my airplane accident would I receive?

Answer:

Claiming injury compensation for tripping and falling on an airplane is different from “ordinary” personal injury claims in that it is not necessary to prove that the airline company was negligent – just that you sustained an injury. Provided that you were travelling to or from a country which has accepted the Montreal Convention (such as the Republic of Ireland) the airline company accepts all liability for accidents which happen on board the airplane as a condition of carriage.

In order to claim injury compensation for tripping and falling on an airplane you must provide proof that you sustained an injury and that the accident which led to the injury happened while you were aboard the airplane. Proof of injury is most often established by your medical records, and therefore it is important that you have visited a hospital or your family doctor for a medical examination as soon as practical after landing at your destination.

Claims that your accident occurred on the plane can be substantiated by fellow passengers who witnessed your accident; although it is more than likely, considering the severity of your injury, that you received assistance from a member of the cabin staff who will be able to support your claim for an injury due to tripping and falling on an airplane.

How much injury compensation for falling and tripping on airplane you may be entitled to receive is going to vary according to many different factors. You will be compensated for the pain and suffering you experienced at the time of your injury, but even this factor will be influenced by your age, sex and general state of health prior to your accident. You should be eligible to claims damages for any impact your injury has had on your quality of life and also be able to recover any expenses you have incurred which are directly attributable to your fall on airplane accident.

The issue of claiming injury compensation for tripping and falling on an airplane is further complicated by the fact that you have the option of making a claim for tripping and falling on an airplane in the country of embarkation, the country of your destination or the country in which the airline company is registered. Each country may have different procedures for settling injury compensation claims for tripping and falling on an airplane, and different rules relating to how much compensation for an airplane fall injury you are likely to be awarded.

Different limits may also apply to the length of time you have in which to claim injury compensation for falling and tripping on an airplane and – to ensure you are eligible to make a claim under the Montreal Convention – it is recommended that you speak with an experienced solicitor to discuss your claim at the first practical opportunity.