BA
Written by Brad Askew
Legal Tech Founder
Civil & Commercial Law background · Founder of LegalDocuments.co.uk
We’re not a law firm — we help you find the right legal support. For advice on your situation, speak to a legal adviser or find a solicitor.
Updated April 2026 · England & Wales
BA
Written by Brad Askew Legal Tech Founder
Civil & Commercial Law background · Founder of LegalDocuments.co.uk
Updated May 2026
·
England & Wales
Flying remains one of the safer ways to travel, yet incidents do occur, from scalding drinks and turbulence injuries to slips in the cabin or falling luggage from overhead lockers. If you have been hurt on an aircraft, during boarding, or while disembarking, you may have grounds to pursue compensation against the carrier.
The rules that apply are quite different from a standard personal injury claim in this country, because international conventions often govern what happens when an aircraft is involved. This guide walks through the kinds of incidents that commonly give rise to claims, the legal framework that sits behind them, the evidence that tends to matter, and the practical steps passengers usually need to take.
It is written for UK travellers trying to work out whether pursuing the airline is realistic and what to expect if they do.
Overview
An airline injury claim is a civil action brought by a passenger who has suffered a bodily injury in connection with air travel. In most international flights to or from the UK, liability is governed by the Montreal Convention 1999, which imposes strict liability on the carrier up to a set limit for accidents that take place on board the aircraft or during the process of embarking or disembarking.
For flights that fall outside the Convention, domestic law and the airline's conditions of carriage may apply instead. The word 'accident' has a specific meaning under the Convention: broadly, an unexpected or unusual event external to the passenger. Ordinary turbulence that is part of normal flight, for instance, may not qualify, while an unsecured trolley striking a passenger usually will.
Claims can cover medical costs, loss of earnings, travel expenses linked to the injury, and pain and suffering. Time limits are strict and tend to be shorter than general personal injury claims, so delay can be costly.
Key steps
01
Seek medical attention and keep records. Your health comes first, so get treatment on board, at the destination, or as soon as you land. Ask for a copy of any medical report, keep receipts, and photograph visible injuries. These records form the backbone of any future claim and tie the injury to the flight.
02
Report the incident to the airline in writing. Notify cabin crew while still on board if possible and ask them to log the event. Follow up with a written report to the airline, quoting your flight number, seat, date, and a factual description. An early report makes it far harder for the carrier to dispute that something happened.
03
Gather evidence and witness details. Collect the names and contact details of fellow passengers who saw what occurred, keep your boarding pass and booking confirmation, and note the names of crew members where you can. Photographs of the scene, the aircraft condition, or the object involved can prove decisive if liability is contested later.
04
Check the applicable legal framework and time limit. For most international journeys the Montreal Convention applies, with a two-year limitation period running from the date of arrival. Domestic flights may follow different rules. Identifying the correct regime early is important because missing the deadline usually extinguishes the claim entirely.
05
Submit a formal claim and negotiate. Write to the airline setting out the facts, the injuries, and the losses you are claiming, attaching supporting documents. Many cases settle through correspondence, but if the carrier denies liability or offers too little, court proceedings may be needed. Consider taking guidance before escalating.
Common questions
QHow long do I have to bring an airline injury claim?
For international flights governed by the Montreal Convention, the limitation period is two years from the date the aircraft arrived, or should have arrived, at its destination. This is a hard deadline and is not extended in the same way as ordinary personal injury limitation. Domestic UK flights may fall under different rules, but the practical advice is the same: act quickly and do not leave matters to drift.
QWhat counts as an 'accident' on a flight?
Under the Montreal Convention, an accident is generally an unexpected or unusual event external to the passenger. A hot drink spilled by a crew member, a falling bag from an overhead locker, or an injury caused by a service trolley would typically qualify. A passenger's own pre-existing medical condition flaring up mid-flight usually would not, because the trigger is internal rather than an external event connected to the flight itself.
QCan I claim for injuries during boarding or leaving the aircraft?
Yes, in many cases. The Convention covers injuries sustained on board and during embarking or disembarking, which can include time spent on airbridges, stairs, and the apron when moving to or from the aircraft under airline control. Incidents that happen deeper inside the terminal, far from the boarding process, are more likely to fall under airport operator liability rather than the airline's.
QIs there a limit on how much I can claim?
The Montreal Convention sets a threshold (expressed in Special Drawing Rights) below which the airline is strictly liable and above which the carrier can defend itself by showing it was not negligent. The figures are adjusted periodically, so check the current amount rather than relying on older sources. In practice, serious injury claims can exceed the strict liability tier if fault can be demonstrated.
QWhat if the airline denies responsibility?
Denials are common, particularly around whether the incident was an 'accident' within the legal meaning or whether the injury was caused by something else. At that point, documentary evidence, witness accounts, and the airline's own incident report become critical. If negotiation stalls, court proceedings in England and Wales are possible, subject to the jurisdictional rules in the Convention and the two-year limit.
QDo I need a solicitor to bring a claim?
You are not required to use a solicitor, and straightforward low-value claims are sometimes resolved directly with the airline's customer relations team. More serious injuries, disputed liability, or claims approaching or exceeding the strict liability threshold tend to benefit from specialist input because of the interaction between the Convention, UK procedural rules, and evidence handling.
QDoes travel insurance affect my right to claim against the airline?
Generally no, though your insurer may want to be involved if it has paid out on medical or cancellation cover, as it can pursue the airline itself through subrogation. You should tell your insurer what happened and keep them informed. Recovering the same loss twice is not permitted, so any payout from insurance may reduce what you can later recover from the carrier.
BA
Brad Askew Legal Tech Founder
Brad has a background in civil and commercial law and founded LegalDocuments.co.uk to make clear, reliable legal information accessible to everyone. This site is not a law firm and does not provide regulated legal advice.
Legal disclaimer
This article is for general information only and does not constitute legal advice. We are not solicitors. For advice on your specific situation, please consult a qualified solicitor.
Legal helpline
Unsure whether you have a claim worth pursuing?
Airline injury cases turn on narrow definitions, strict time limits, and whether the Montreal Convention applies to your flight. An experienced legal adviser can help you think through your options based on what you describe, so you can decide how to approach the airline with more confidence.
One call gives you
✓Plain-English answers to your specific questions about the incident
✓Practical perspective on how the two-year limit affects what you describe
✓Guidance tailored to what you describe about the flight and injury
✓A clearer sense of what to watch out for when dealing with the airline
£49
personal call, fixed price
2hr callback
Talk it through
→
How it works
Provided by Law Express Ltd, experienced legal advisers giving general telephone guidance.
Mon–Fri 8am–8pm · Sat–Sun 9am–12pm
