Getting injured while on holiday can be a total nightmare, especially if it wasn’t your fault. You should be soaking up the sun and having…
British Airways compensation claims
If you have been injured while travelling with British Airways, whether during a flight or a package holiday, you may be entitled to compensation.
We are a claims management company regulated by the Financial Conduct Authority.
British Airways Accident Claims
If you have been injured while travelling with British Airways, whether during a flight or a package holiday, you may be entitled to compensation.
Airlines and tour operators owe customers a legal duty of care to ensure their safety and may be liable for any harm resulting from unsafe conditions or negligence. British Airways accident claims can arise from falling luggage, slips and trips on aircraft, accidents in hotels or road accidents during airport transfers.
A specialist solicitor could help you claim compensation for your pain and suffering, medical expenses, the cost of your ruined holiday and other related losses.
Call 0800 470 0474 today or use our online claim form to request a free case assessment with a specialist solicitor. They will advise you on your legal options, with no obligation to proceed.
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Table of Contents
What is a British Airways accident claim?
A British Airways (BA) accident claim is a type of personal injury claim that you may be able to make if you suffered an injury during a BA flight or package holiday.
BA is the second-largest UK airline, with its main hub at Heathrow Airport. However, its flights and holiday offers cover over 200 destinations worldwide.
Accidents on BA flights are commonly governed by the Montreal Convention, an international agreement that can hold airlines strictly liable for passenger injury or death up to 151,880 SDR in certain circumstances.
An airplane accident claim could be made following:
- Injuries caused by severe turbulence
- Hot drink spills resulting in burns
- Baggage falling from overhead lockers
- Slips and trips in aisles
- Injuries caused by damaged seats
- Accidents while embarking or disembarking
Accidents on package holidays are usually brought under the Package Travel and Linked Travel Arrangements Regulations 2018. Under these, tour operators can be held liable for the actions of suppliers, such as hotels and car rentals.
A holiday accident claim could be made following:
- Slips, trips and falls in hotels
- Swimming pool accidents
- Accidents during activities organised by the holiday provider
- Road traffic accidents during airport transfers
- Holiday food poisoning and allergic reactions at hotel restaurants
- Injuries caused by faulty fixtures or lifts
A successful claim could compensate you for pain, suffering, medical costs, missed holiday activities and any other related losses and expenses.
Can I make a claim for a British Airways accident?
You may be eligible to make a British Airways compensation claim if:
- An accident occurred during your flight or holiday.
- The accident was caused by negligence, an unexpected event or unsafe conditions.
- You suffered an injury or illness as a result.
- You are within the legal time limit to start a claim.
As mentioned above, under the Montreal Convention, you do not usually need to prove negligence for injuries suffered on British Airways flights up to a certain value. Above that, they can dispute a claim by arguing that no negligence occurred.
Is British Airways responsible for my accident?
Under the Montreal Convention, airlines can be automatically liable for passenger injury or death up to 151,880 SDR in certain circumstances. They may also be liable for any other flight and holiday injuries that resulted from a breach of their legal obligation to protect passengers and holidaymakers, such as:
- Failure to assess and manage foreseeable risks
- Failure to properly train or supervise staff
- Failure to inspect and maintain equipment and facilities
- Failure to maintain safe conditions in aircraft and lounges
- Failure to properly assist passengers with disabilities
- Failure to ensure that third parties provide safe services
How do I start a claim against British Airways?
There are several steps that should be taken after an accident to help support a successful claim following a British Airways holiday accident:
- Gather supporting evidence, such as photos of the accident scene and witness contact details.
- Notify the staff or airline so that the accident can be recorded.
- Seek prompt medical attention to have your injuries diagnosed and treated.
- Contact a qualified solicitor to find out if you could be entitled to compensation.
- Begin the legal process by sending a letter of claim to the defendant.
- Negotiate a settlement or issue court proceedings if necessary.
- Receive compensation for your accident and injury, if you win the claim.
Contact us today for a free case review by calling 0800 470 0474 or using our online claim form.
What is the average payout for a British Airways injury claim?
The amount of compensation awarded for claims against British Airways is calculated on a case-by-case basis, by considering two types of losses:
- The pain, suffering and loss of amenity caused by the accident (general damages).
- Related financial losses, such as treatment costs, loss of earnings and care costs (special damages).
The financial losses included in your claim are assessed based on evidence such as receipts and payslips. General damages are subjective and depend on the type and severity of your injuries.
According to our free online compensation calculator, which is based on the Judicial College Guidelines, you could receive £1,500-£5,000 for minor injuries with quick recovery and up to £493,000 for a very severe head injury with loss of language function and awareness.
Is there a time limit to start a personal injury claim?
Yes. You typically have 3 years from the accident date to start a British Airways holiday claim under the Package Travel Regulations. There are a few exceptions:
- A parent or legal guardian can make a child injury claim at any time until the child’s 18th birthday, regardless of when the accident occurred.
- If the claimant is mentally incapacitated, the time limit is suspended. A litigation friend could claim on their behalf at any time, unless they recover.
There is a strict 2-year limitation period to start a claim for an accident or injury on a flight under the Montreal Convention. This time limit will usually apply regardless of the claimant’s age or mental capacity.
Can I make a claim on a no win no fee basis?
Yes. If you are eligible to claim compensation, an experienced holiday accident solicitor will offer you a no win no fee service. This means that you can start your claim without paying anything upfront.
If you lose the case, you won’t have to pay your solicitor any fees. If you get compensation, your solicitor is entitled to a success fee, which will be deducted from your payment. This is pre-agreed and capped at 25% of your general damages and past financial losses.
What evidence do I need to support my claim?
Strong evidence is needed to support an accident compensation claim if you were injured because of negligence or an unexpected event during a flight. This typically includes:
- Medical records and specialist medical reports confirming your injuries and prognosis.
- Accident reports made with the cabin crew or the staff at your accommodation.
- Photos, videos or CCTV footage of the accident scene, hazards and your injuries.
- Witness statements from those present at the accident scene.
- Your booking confirmations and any correspondence with the holiday company.
- Proof of losses and expenses, such as receipts, invoices and payslips.
Frequently asked questions
Yes. Unlike assaults in public places, which are typically handled by the Criminal Injuries Compensation Authority (CICA), assaults on a plane may be covered by the Montreal Convention. This means that you may be able to make a claim for compensation directly with British Airways, depending on the circumstances.
Yes. Many British Airways claims involve accidents abroad, which can often be brought in the UK if they took place on a BA flight or holiday package.
Yes. Whether your child was injured on a flight, at a swimming pool or at a playground booked as part of your holiday, you may be able to claim compensation on their behalf.
Once the court appoints you as their litigation friend, you can begin the claims process and make decisions in their name. If you secure compensation, this must be approved by a judge and will be kept in a protected account until your child’s 18th birthday.
No. In most cases, you will not need to travel abroad to pursue a claim. This might only be necessary if your accident was not part of the holiday package. For example, if you are injured in a restaurant, you might have to make an occupier’s liability claim against the owner directly in the foreign country.
If your claim is straightforward, you could receive compensation within 6-9 months. If the case is more complex and involves severe injuries or disputed liability, it might take 12-24 months or longer to resolve.
The sooner you seek legal advice, the better your chances of settling your case quickly.
Call 0800 470 0474 or request a call back to find out if you can make a British Airways accident claim and how much compensation you could receive. Your case assessment is free, with no obligation to proceed.
