If you have suffered injury whilst travelling on an aeroplane it will be necessary to establish whether the flight was domestic only (where the flight is restricted to UK destinations) or an international flight between 2 different countries. It is also important to establish whether the flight was part of a package holiday in which case separate rules may apply.

Accidents on domestic flights will be covered by UK law. As a consequence should you wish to pursue a claim for personal injury compensation, you will need to establish that the incident arose through the negligence of the airline or its staff.

A claim for personal injury compensation arising from an accident on an international flight is likely to be covered by the Montreal Convention or on some occasions the Warsaw Convention.

These conventions take priority over domestic law and the rules governing each convention determine the basis upon which any compensation will be paid.

The most common convention is the Montreal Convention which applies to international carriage by air and provides that compensation claims for personal injury and death whilst on board an aeroplane can usually be brought in the country most favourable to the injured passenger. The process of boarding or disembarking from the flight will also be covered by the Convention.

It is important to appreciate that the time for bringing a claim under the Montreal Convention is limited to 2 years compared with 3 years under UK law. Where a valid claim would have been possible under the Convention but the 2 year limit has expired, it will not be possible to pursue a separate claim for negligence under UK law.

Unlike claims brought following an accident on a domestic flight, it is not necessary to establish negligence to bring a valid claim for personal injury compensation under the terms of the Montreal Convention. Instead under Article 17 it is simply necessary to establish that you have sustained injury as a result of an accident. Where an accident has occurred within the definition of the convention strict liability applies and the airline operator will be obliged to pay compensation up to a prescribed limit.

You can contact our personal injury specialists for further advice and assistance.

All personal injury claims are pursued on a No Win No Fee basis so you can rest assured that there is no financial risk.

To begin a personal injury compensation claim or obtain further advice with no obligation contact Sintons 24/7.