Airport, Airline & Crusie Ship Injury Solicitors
The UK might be enjoying one of the hottest summers in recent years, but that won’t stop many of us from enjoying a holiday overseas. While most of us come home with happy memories from our trip, unfortunately in some cases having an accident abroad can leave you in need of expert legal help.
In the first of three blogs looking at how to deal with injuries sustained on holiday, we will first look at travel to and from your destination. In particular, our focus here is on what your rights are if you are injured on a plane or boat.
Elements of a successful claim
If you do suffer an accident while travelling to or from your holiday destination, there are a few criteria that must be satisfied if your personal injury claim has any chance of succeeding.
What is an aircraft/sea vessel?
This may seem like a strange question, but as far as the law is concerned the nature of the vehicle you travel in will affect your claim.
Naturally, most holidaymakers will make their trip on a commercial airplane or cross channel ferry, but there have been cases reported where claimants have attempted to secure compensation for injuries sustained on vehicles such as paragliders and jet skis.
A successful claim will require your journey to have involved international carriage. This is defined as a journey in which the point of departure and arrival are in different ‘State Parties’. An exception to this would be if your departure and arrival points were in the same State Party, but there was a stop-off point in a different one along the way.
UK domestic flights have a separate set of rules entirely, so it is best to consult your personal injury solicitor for specific guidance in this case.
Agreement between the parties
Your claim is only likely to succeed if you are a valid passenger. This will mean that a written agreement exists between you and your travel provider that sets out the conditions of your journey.
Of course, this will also mean you have a valid ticket for travel. For example, people boarding without paying would not succeed in a personal injury claim.
Embarkation and disembarkation
It is possible to claim compensation for accidents sustained during the embarkation or disembarkation of your plane or boat. However, where these processes begin and end has been a source of debate, and past cases suggest injuries sustained during embarkation may be more likely to succeed.
If the fault for the accident can be proven to lie with the passenger, then the carrier may be able to exonerate themselves of any blame for the injury, so it is important to think carefully about whether your accident was indeed someone else’s fault. Damaged pride or embarrassment will not be enough to secure your compensation.
Accident abroad claims with Sheldon Davidson Solicitors
If you would like further advice on this subject, the experienced team at Sheldon Davidson Solicitors will be happy to answer your questions.
Check back with us over the next few weeks too, as we move on to package holidays and road traffic accidents abroad.
Excellent advice always kept me up to date with everything I would recommend them to anyone
You truly exceeded my expectations with your superb service, knowledge and smooth completion of my difficult situation.
Thank you to your company. I will be recommending Sheldon Davidson's as I have found you more than helpful and very quick
You have done an outstanding job in dealing with my claim and treated both myself and my wife in a totally professional manner
Brilliant! Absolutely brilliant, whenever I needed advice they were always available!
All of your staff have been very friendly and helpful in every way and keeping me up to date with my claim
Thank you for the handling of my claim! You exceeded my expectations. Great service. Great outcome.
I would recommend Sheldon Davidson 100% as you can be assured you will always get the best service possible.
I would like to thank you for all your work on my claim and would definitely use you again
Both Victoria and Michelle have been a massive help to me, more like family.
I have been very happy with all the help your staff have given me during my claim.
The service I was given was excellent. I had no problem with getting in touch with my solicitor or a member of staff at any time. They were always extremely helpful. I would like to thank all the staff for their time and effort they have put in for me.
I can honestly say that Victoria's help, support and guidance were a God send and truly welcome! I was able to reach an acceptable outcome. I would recommend SDS and Victoria in a heartbeat
Excellent service from start to finish
Extremely helpful throughout the process, very polite & courteous, explained in detail anything I needed to know, would definitely recommend them to my family & friends.
Jill was very professional from the moment she took over the case
I'm very pleased with the quick and excellent service provided
Jill has been fantastic. I felt I could speak to her at any point and she explained the facts very well to me .always polite and pleasant. thankyou Jill