Airline & Flight Injury Compensation Claims

Most flights pass without incident, but injuries do happen, whether from turbulence, an item falling from an overhead locker, a fall while boarding, or a scalding drink. If you were injured as a passenger on a flight, you may be entitled to claim compensation, and the rules that apply are different from those in an ordinary accident claim.

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Bringing a Compensation Claim for a Commercial Flight Injury

The personal injury team here at McCarthy + Co Solicitors LLP have acted for many claimants who have sustained injuries while boarding, travelling on, or disembarking from commercial airlines, and we can advise you on how the specific rules that govern air travel apply to your situation.

Injuries on international flights are governed not by ordinary Irish personal injury law but by an international treaty, the Montreal Convention of 1999. It creates a single, uniform set of rules for airline liability across the many countries that have adopted it, and it applies to injuries suffered on board an aircraft, or during the process of boarding or leaving it. Within the European Union, equivalent rules apply the same principles to EU airlines. If you have sustained an injury on a flight and would like to speak with a solicitor, arrange a time to speak with us using our quick and confidential online form.

How the Montreal Convention works

The central requirement is that your injury was caused by an ‘accident’, meaning an unexpected or unusual event that is external to you. An injury that results purely from your own health or your own actions generally does not qualify, but one caused by an external event, such as turbulence, a service trolley, or falling luggage, usually will. Where the Convention applies, the airline is strictly liable, which means you do not have to prove negligence. For claims up to a set limit, currently 151,880 Special Drawing Rights, a unit of account set by the International Monetary Fund and equivalent to roughly €175,000, the airline cannot avoid liability. Above that limit, the airline remains liable for the balance unless it can prove that it was not negligent, or that the injury was caused solely by someone else.

Aviation claims under the Convention do not go through the Injuries Resolution Board. Proceedings can be issued directly in court. The Convention also allows a claim to be brought in one of several countries, including where the airline is based, where it has its principal place of business, where the ticket was bought, or the destination of your journey, which often gives an injured passenger a choice of where to sue.

One feature is especially important: there is a strict two-year time limit, running from the date the aircraft arrived, or was due to arrive, and, unlike ordinary Irish claims, this period is not usually capable of being extended. It is therefore vital to act quickly. The Convention also compensates bodily injury rather than purely psychological harm, so a standalone psychiatric injury is generally not covered unless it accompanies a physical injury.

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Meet Liam Crowley

Liam Crowley is a partner at McCarthy + Co Solicitors LLP and leads our personal injury department. He has worked in litigation for almost 20 years, and in recent years he has acted almost exclusively for personal injury plaintiffs before the Circuit and High Courts, attending court venues throughout Ireland. He has handled many complex High Court actions involving multiple defendants and high-value loss of earnings claims, and he has managed investigations and claims in many product and public liability cases.

If you have been injured on a flight and would like trusted, attentive advice, you can contact Liam directly at liam@mccarthy.ie.

Frequently Asked Questions

Some of the questions we are often asked in relation to airline injuries.

What is the Montreal Convention?

The Montreal Convention of 1999, formally the Convention for the Unification of Certain Rules for International Carriage by Air, is an international treaty adopted by well over one hundred countries. It sets uniform rules for airline liability for passenger injury and death, as well as for baggage and delays, and it replaced the older Warsaw Convention system. It operates a two-tier system: strict liability up to a set limit, and fault-based liability above it.

Do I have to prove the airline was at fault for my injury?

Not for the first tier of a claim. Up to the Convention’s limit the airline is strictly liable, so you need only show that an accident on board, or while boarding or leaving the aircraft, caused your injury. Above that limit, the airline can avoid the excess only by proving that it was not negligent, or that the injury was caused solely by a third party.

Can I claim for a psychological injury?

Generally only where it accompanies a physical injury. The Convention is directed at bodily injury, and courts have usually held that a standalone psychiatric injury, without any physical injury, is not covered. Where a psychiatric injury follows from a physical one, it may form part of the claim.

How long do I have to bring a claim?

Two years, running from the date the aircraft arrived or should have arrived. This is a strict limit and, unlike many Irish time limits, it is not usually capable of being extended, so it is essential to seek advice well before it expires.

Where can I bring my claim?

The Convention allows a claim to be brought in any of several countries connected to your flight, including where the airline is based or has its principal place of business, where you bought your ticket, or your destination. In many cases this means an Irish passenger can bring the claim in Ireland.