Flight fall results in legal action

Date: Feb 22, 2019

An Australian man is suing airline Jetstar after allegedly slipping in an airplane bathroom and sustaining an injury.

Falling on a flight

The man, who sought legal action at the Federal Court of Melbourne, claims he entered the airplane bathroom and stepped into a puddle of water, immediately slipping over in the process. The slip resulted in the man knocking into the vanity in the bathroom, “popping” his knee.The injury sustained was allegedly a bucket handle meniscus tear in the knee, which can be hard to treat. Due to the physical and emotional trauma of the incident, the man is seeking compensation of $220,000, according to The Sydney Morning Herald.

The injury was sustained on a flight between Bali and Melbourne. Under the Civil Aviation (Carrier’s Liability) Act 1959, those injured on an aircraft are eligible to claim compensation. The Act, which accounts for the Warsaw Convention covering injuries sustained on international flights, those seeking compensation do not have to prove that the airline was at fault, and can claim damages capped at 100,000 Special Drawing Rights (SDR). An SDR is an international measure of money and is used to supplement existing standard currencies of different countries when settling international debts.

If a victim wishes to claim more than the capped limit, they will need to prove that the airline was negligent in its duty of care, and that they were directly to blame for the injury.

What is the difference between a slip, trip and fall?

A slip happens when there isn’t enough grip between your footwear and the ground, possibly due to water or a slippery object being in the walking vicinity. Too much grip, however, can result in a trip, as can a sudden change in ground level or walking into an object. A fall is considered when a person falls from a height, or drops a considerable distance as a result of a slip or a trip.

What compensation can be sought as a result of a slip, trip or fall?

In order to claim compensation after a slip, trip or fall, you need to prove that the place in which the accident occurred had a duty of care to uphold and that your injury came as a result of their negligence.

If you can prove a breach in duty of care, you may be eligible for the following forms of compensation:

  • A lump payment to cover medical fees and rehabilitation costs, both for the past and future.
  • A payment to reimburse lost income or wages resulting from the injury, including superannuation.
  • Compensation for pain and suffering caused as a result of the injury.
  • A lump payment to cover any care necessary as a result of the injury, including home help and wheelchairs.

If you have been involved in a slip, trip, or fall and believe you may be eligible for compensation, get in touch with the expert team at Gerard Malouf & Partners to discuss your claim.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.