01253 293 106 info@fyldelaw.co.uk
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Aviation Accidents

Whilst plane travel is regarded as one of the safest form of travel today, accidents unfortunately do still occur. Aviation accidents can happen to both passengers and crew, both on board the aircraft and whilst embarking and disembarking.

Accidents mainly occur due to the following factors:

  • Turbulence
  • Hard/emergency landings
  • Loose objects falling from overhead storage bins/lockers
  • Slips/falls in or around the aircraft
  • Depressurisation within the cabin
  • Burns/scolds from hot drinks whilst being served on board
  • Plane crashes.

The majority of International aviation accidents are governed by the Montreal Convention 1999 which introduced a uniform legal framework to govern air carrier liability in the event of damage to people, goods or baggage during International journeys.

The convention provides a stringent liability system meaning that a passenger needs only to prove that an accident occurred and that the Montreal Convention applies to that type of accident.

As such, the accident must be firstly unusual and secondly unexpected and not be caused by a passengers physical reaction to flying – for example a panic attack or deep vein thrombosis.

Under the Montreal Convention the time limit for all claims is shorter than for other types of accident and as such it is recommended that you should seek legal advice at the earliest opportunity as to whether you are entitled to make a claim for compensation.

If you have any doubts about whether you have a claim or are not sure whether you would like to bring one, please feel to contact us on 01253 293 106 for an informal chat. Alternatively email us via the ‘quick enquiry’ form and we will be happy to call you back.

Please note that the Montreal Convention of 1999 does not apply to UK domestic flights. If however you have been injured on a UK domestic flight, the UK law will apply and you can still seek compensation if negligence occurred.Furthermore, holiday makers have additional legal rights if they booked their holiday through a package holiday operator as the Package Travel Regulations 1992 will then apply. This legislation imposes a liability on travel operators for any negligence by the operator’s overseas suppliers.

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