Christopher Day was paid £11,125 from British Airways after he claimed a drink trolley hit his knee during a flight from London to San Francisco
Airline British paid a skier just over £11,000 after he claimed a drink trolley hit him in the knee mid-flight.
Christopher Day, 50, said the incident happened while he was flying to San Francisco in California for 5 days snowboarding trip in January 2020.
The businessman living in Sweden started his journey in Stockholm with British Airways and stopped in London, where he transferred to another flight to the US.
Mr Day said it was an hour or so after 10 Airline British flight from London when the stroller is said to have hit his leg while he was sleeping in an aisle chair.
“I was dozing off when the trolley came, I didn’t see or hear it coming. When it caught my eye, I saw the stars,” he said.
“The pain, it went straight up my leg and through my spine. I yelled, ‘what are you doing’, I was shocked.
“During the flight, my knee was really swollen, the pain was severe and it was very uncomfortable.”
Day said he got off the plane in a wheelchair and was taken straight to a medical facility at the San Francisco airport, where he claimed a doctor told him he couldn’t ski or fly.
He alleges medical center staff asked him to return home as soon as possible for further treatment – but argued British Airways told him they could not modify the ticket for free for him.
Instead, Mr. Day claimed that he had been told he needed to buy a new ticket.
He claims he spent the next few days in an airport hotel wearing a knee brace instead of skiing with friends in Lake Tahoe in the Sierra Nevada mountains.
“I showed British Airways the medical report, but they told me I would have to buy another ticket at my own expense if I wanted to leave earlier. he said.
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Mr Day said he reported his injured knee to a crew chief on the flight.
He was then said to have been moved to a seat with more legroom and given in-flight pajamas so he could dress more loosely. Mr Day also recalls being given “lots of ice and ibuprofen”.
After returning home, he claimed to have been diagnosed with an injury to the patellar tendon.
He contacted UK-based travel litigation experts Hudgell Solicitors and was awarded £11,125 in damages. The case was settled without admitting liability.
The claim is made under the Montreal Convention governing international travel by air.
The Convention imposes a strict form of liability on airlines for personal injury that occurs during a flight or during one of the boarding or disembarking procedures.
Passengers do not have to prove fault. However, the person claiming damages must confirm that an “accident” has occurred.
To be a “qualifying accident” under the Convention, there must be an “unexpected or unusual event or occurrence to the passenger”.
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Anne Thomson, executive director of travel litigation at Hudgell Solicitors, said: “We are seeing an increasing number of foreign customers asking questions about accidents that occur during international air transport.
“If Mr Day were to fly directly from Sweden to the US on a Swiss or American airline, we would not be able to support him. However, since he flew over London Heathrow with a British airline, we could.
“Mr Day’s injury was caused by a heavily loaded trolley hitting his knee and this type of incident is, unfortunately, not uncommon.”
British Airways did not respond to a request for comment when approached by The Mirror.
https://www.mirror.co.uk/money/british-airways-pays-11000-skier-26332749 British Airways to pay £11,000 to skier after 'drink trolley hit his knee'