Air travel is becoming increasingly important in this day and age, and for the main part is a safe and secure mode of transport. Nevertheless, there are unfortunately times when a passenger will suffer an injury during the course of the flight. If this accident was the fault of another party (such as the tour operator or air carrier) then the injured passenger may want to consider making a personal injury claim.
Accidents on Planes and Personal Injury Claims.
If you have been injured while travelling on a plane, you could be entitled to claim compensation. For example, you may be able to make a claim for an injury that has been caused by:-
* Difficulties during take off, flying or landing;
* Cabin crew spilling hot food or drink on a passenger's lap;
* Food poisoning from airline meals;
* Objects falling out of overhead lockers;
* Trolleys being pushed up and down the aisle;
* Slips, trips and falls - eg. slipping on a spilt drink;
* Loss or damage of luggage.
However, plane accidents and personal injury claims are particularly complicated, as the law will vary depending upon the type of aircraft accident you have been involved in. We will look at each of these in turn, helping you to understand your legal position:-
1. Domestic flights.
If you are injured while on a domestic flight (within a UK country) then you will be able to use Scottish law to make a claim.
2. Flights included in a package holiday.
If you injured while on a flight that has been included as part of a package holiday, then you will be able to make a claim against the tour operator responsible for your health and safety. This applies to both domestic and international flights. Again, the claim will be processed using Scottish law.
3. International flights independently booked.
However, if you are injured on an international flight that you yourself have booked, your claim will rely upon an international law called the Montreal Convention.
What is the Montreal Convention?
The Montreal Convention 1999 is an international law which states air carriers are 'strictly liable' for injury to passengers while embarking, disembarking and during the flight itself. This means that if an accident occurs during the course of the flight and you suffer an injury, the air carrier is to blame. It will not, therefore, be necessary to prove the air carrier was negligent.
However, the Montreal Convention does pose certain restrictions. Firstly, strict liability only applies if your claim is worth less than £100,000. This figure is set by the International Monetary Fund, and so will change from time to time. At the moment, however, if your claim is worth more than £100,000 the air carrier will be given the opportunity to make a defence.
Secondly, not all countries are part of the Montreal Convention, as it is necessary to join the agreement. In practical terms, this means that if you are flying to a country which has not signed up, your journey will not be considered an international flight. Therefore you will not be able to rely upon the Montreal Convention when making a claim. The exception to this, however, is if you have booked a return flight to a country which is a member (such as the UK).
Is there a Time Limit?
It is important to note that claims relating to accidents on planes must be started within two years of the incident. This differs from other types of personal injury claim, which must be started within three years of the accident.
Article Source: http://www.bharatbhasha.net
Article Url: http://www.bharatbhasha.net/legal.php/377960
Article Added on Wednesday, July 18, 2012
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