Slips and Trips under the Montreal Convention 1999 – a recent example

In Anderson v British Airways (Unreported) 7 December 2017, Bury St Edmunds County Court, Aliyah Akram of 12 King’s Bench Walk, instructed by Jaime Padron of Slater & Gordon, appeared for the claimant in a case considering the application of Article 17 of the Montreal Convention 1999.

Mr Anderson was a passenger on a British Airways flight from Cairo to London Heathrow.  As he was disembarking via an airbridge he slipped and fell to the floor.  He alleged that his fall had been caused by a small puddle of water on the floor.

Mr Anderson brought his claim under Article 17 of the Convention, which provides that:

“The carrier is liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking.”

British Airways denied that the floor had been wet and argued that, even if it had been, Mr Anderson had not suffered an accident within the meaning of the Convention. Continue reading Slips and Trips under the Montreal Convention 1999 – a recent example