Our sectors

To:
postbox@leighday.co.uk
We treat all personal data in accordance with our privacy policy.
Show Site Navigation

Crash landing passengers may seek compensation

A British Airways Boeing 777 crash-landed at Heathrow airport on 17th January 2008 and some of the people involved may be able to consider making a personal injury claim

Crash landing passengers may seek compensation

4 February 2008

A British Airways Boeing 777 carrying 136 passengers and 16 crew members crash-landed at Heathrow airport on 17th January 2008. Thankfully no lives were lost in this frightening incident, although 18 people were taken to hospital. Whiplash injuries were among the problems reported by passengers who had to evacuate the plane using emergency exit routes. One person also suffered from suspected concussion.

Some of the people involved in the emergency landing may be able to consider making a personal injury claim for injuries such as whiplash.

Sally Moore, head of the accidents and disasters department at Leigh Day & Co who has been contacted by passengers who were travelling on flight BA038 says:

"The Montreal Convention sets out airlines’ liabilities for passengers, including death or injury. Where compensation claims don't exceed £80,000 they are dealt with on a no fault basis which means the passenger does not need to prove the airline was negligent. They do still have to prove that they have sustained injury and any losses. If claims exceed £80,000 then they fall outside the no fault scheme. There is some doubt that psychological injuries are covered by the Montreal Convention and therefore the no fault scheme would not apply. Where the convention doesn't apply in order to bring a claim, passengers have to demonstrate a very high level of fault, for example that the airline behaved recklessly or deliberately. Other ways round the convention might be where a person was on a package tour or as a product liability claim against the plane manufacturer. BA's response to the incicent has been to offer support which may reduce the number of people who are affected on a long-term basis."

For more information please contact Sally Moore on 020 7650 1200.

Information was correct at time of publishing. See terms and conditions for further details.

Information was correct at time of publishing. See terms and conditions for further details.

Share this page: Print this page

Who worked on this case

Sally Moore

  • Specialist Area


    Holiday claims