When travelling, an unexpected injury can turn an otherwise routine flight into a challenging experience. Susan Corcoran, a passenger on a Ryanair flight, recently settled a damages claim after being injured by a falling walking stick from an overhead locker. While her settlement is resolved, her case raises important questions about what to do if you find yourself in a similar situation.
Whether it’s an item falling from a luggage compartment or a hot beverage accident, injuries sustained during air travel are more common than you might think. Thankfully, under legal frameworks like the Montreal Convention, injured passengers are entitled to claim compensation in many circumstances. This blog dives into what happened in Ms Corcoran’s case, the legal options for air travel injuries, and the steps to take if you’re an injured passenger seeking justice.
The Case of Susan Corcoran vs. Ryanair
Susan Corcoran, a 40-year-old woman from County Wicklow, Ireland, was travelling on a Ryanair flight from Manchester to Dublin in June 2022 when the incident occurred. While seated, an overhead compartment was opened, and a fellow passenger’s father’s walking stick fell, striking her on the head. Ms Corcoran suffered bruising, swelling, and persistent headaches, later being diagnosed with minor concussion.
She sought damages for her injuries, claiming she endured pain for weeks, could not engage socially, and was left dealing with lingering physical discomfort. Her legal representatives pursued compensation from Ryanair under the argument that the airline was liable for the “accident” under the rules of the Montreal Convention.
The Outcome
The claim, initially set for €60,000 in damages, was settled for an undisclosed amount. While the specifics remain confidential, the case sets a precedent for injury claims on planes, emphasising the responsibilities of airlines under existing regulations.
This scenario echoes the broader issue of airline injuries and passenger rights, highlighting where liability may lie.
Airline Injury Claims and the Montreal Convention
When mishaps like Ms Corcoran’s occur, they typically fall under the jurisdiction of the Montreal Convention. This international treaty governs airline liability for injuries sustained by passengers during international flights.
What Does the Montreal Convention Cover?
The Montreal Convention ensures legal protection for passengers injured in international air travel. Here’s what you need to know:
- Strict Liability for Lesser Damages: Airlines are automatically liable for injuries up to approximately €150,000 (128,821 Special Drawing Rights), regardless of fault.
- Negligence Must Be Proven for Higher Damages: For compensation beyond this threshold, passengers need to demonstrate that the airline’s negligence caused the injury.
- Time Limits: Claims must be filed within two years of the incident. Acting swiftly is critical.
Importantly, physical injuries like Ms Corcoran’s fall under the Convention’s purview, although solely psychological damages do not unless paired with a physical injury.
Common Causes of Airline Injuries
While air travel is generally safe, a range of incidents can lead to passenger injuries. Some common examples include:
1. Falling Luggage
Improperly stored items in overhead lockers can fall, causing injury. This is what happened in Susan Corcoran’s case, underscoring why proper storage and careful access are essential.
2. Burn Injuries
Spilled hot beverages are another frequent cause of injury onboard. For example, a Ryanair passenger was previously awarded €55,000 after suffering burns from a defective tray table.
3. Turbulence
Unexpected turbulence can lead to falls or collisions. Unfastened seatbelts or unsecured items exacerbate the risk.
4. Boarding and Disembarking
Slips, trips, or falls on the jet bridge or while navigating stairs can result in significant injuries, particularly when weather or maintenance issues are involved.
If one of these or a related incident causes injury, knowing your rights is paramount.
What to Do If You’re Injured on a Flight
An incident onboard can be disorienting, but taking the right steps can help you secure compensation and build a strong case. Here’s a step-by-step guide:
1. Report the Incident Immediately
Notify the cabin crew or staff at the airport as soon as possible. Request an accident report to document the incident officially.
2. Gather Evidence
Take photographs of the scene or defective equipment (e.g., overhead compartments, tray tables). If possible, obtain contact information for witnesses who can confirm the incident.
3. Seek Medical Attention
Even if injuries appear minor, consult a healthcare professional. Certain issues, such as concussions or internal injuries, may worsen over time. Record every diagnosis and treatment.
4. Maintain All Documentation
Keep hold of all relevant documents, such as:
- Airline tickets
- Medical bills
- Receipts for related expenses
- Doctor’s reports
- Correspondence with the airline
These records will be crucial for your claim.
5. Consult a Qualified Solicitor
Given the complexities of airline injury claims, enlisting the help of a personal injury solicitor experienced in such situations is vital. They can ensure your claim meets all legal requirements and negotiate for fair compensation.
Compensation for Airline Injuries
The damages you can claim will vary depending on the extent and impact of your injuries. Typically, compensation covers:
- Medical Expenses: Treatment costs, both immediate and long-term.
- Lost Earnings: Income lost due to inability to work.
- Pain and Suffering: Emotional and physical distress caused by the injury.
- Travel Costs: Additional travel-related expenses incurred because of the accident.
- Future Care: Predicted costs for ongoing treatment or rehabilitation.
The exact amount will depend on factors like severity of injury, length of recovery, and whether negligence is proven.
Partnering with HOMS Assist for Airline Injury Claims
Navigating the legal landscape of airline injury claims can feel overwhelming, but you don’t need to do it alone. At HOMS Assist, we specialise in personal injury law, including injuries sustained during air travel.
Here’s how we can help:
- Expert Guidance: Our solicitors have decades of experience in personal injury cases.
- Complete Case Management: From gathering evidence to filing claims, we handle every step of the process.
- Efficient Negotiation: We negotiate directly with airlines to secure a fair settlement on your behalf.
- Nationwide Support: Whether you’re in Dublin, Limerick, Cork, or beyond, our team is here for you.
Our compassionate, professional approach ensures your case is managed with the seriousness it deserves. We are committed to achieving the best possible outcome so you can focus on your recovery.
How to Get Started
If you’ve experienced an injury while travelling, it’s essential to act quickly. Contact HOMS Assist today for expert advice on pursuing your airline injury claim. Call 1800 207 207 or visit homsassist.ie to schedule a consultation and begin your path toward justice.
