BA crash passengers may seek compensation: law firm

Passengers of the British Airways Boeing 777 that crash landed at Heathrow airport last month may seek claims against the airline, said a personal injury law firm.

‘Some of the people involved in the emergency landing may be able to consider making a personal injury claim for injuries such as whiplash,’ said law firm Leigh Day & Co, which has been contracted by passengers who were travelling on the ill-fated flight.

The BA jet carrying 136 passengers and 16 crew members crash-landed at Heathrow airport on 17th January 2008.

Nobody was killed in the incident, although 18 people were taken to hospital.

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

Leigh Day & Co

Whiplash injuries were among the problems reported by passengers who had to evacuate the plane using emergency exit routes, said the firm.

One person also suffered from suspected concussion, it added.

Sally Moore, head of the accidents and disasters department at Leigh Day & Co said: “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."