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Passenger Claims Compensation for a Head Injury on a BA Plane

January 11, 2016

A British Airways passenger is claiming compensation for a head injury on a BA plane after receiving two “derisory” offers of compensation from the airline.

On 28th October 2014, Wayne Herbert (45) from North London had taken his seat on a BA plane scheduled to fly from Heathrow to the United States, when he was struck on the head by a rucksack containing a heavy laptop as the bag fell from the overhead luggage locker above him.

According to a report of the accident in the London Evening Standard, the passengers in the row behind Wayne had a substantial amount of hand luggage and, as they tried to manipulate the rucksack to fit into the luggage locker, the bag fell on him.

The blow on the head caused Wayne to suffer a soft tissue injuries similar to whiplash. He was taken off the plane and assessed by a paramedic who considered that a hospital visit was not necessary. Wayne flew to the United States the following day, but claims that BA did nothing to make his journey more comfortable.

When he returned home, Wayne got in touch with the airline to claim compensation for a head injury on a BA plane. An airline is responsible for any injuries sustained by passengers once they have boarded and – under the Montreal Convention – are liable to pay compensation.

However, the offers of compensation for a head injury on a BA plane made to Wayne first consisted of air miles and then £500. Wayne told the London Evening Standard that the offers were “derisory” and that he had taken legal advice about obtaining an adequate settlement.

Wayne also told the newspaper that BA´s policy of allowing passengers to take large items of hand luggage onto flights was just an accident waiting to happen. “The staff certainly were not checking what people were doing” he said, “and I’m suffering as a result”.

A spokesman from British Airways told the London Evening Standard: “Our cabin crew gave every possible help to our customer and we are still in contact with him to resolve this issue.”