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Legal 500 (2013)

£8,000 recovered following airport accident in Spain

Irwin Mitchell helped a woman recover £8,000 following an airport accident in Spain.

After a short holiday in Spain our client was waiting at the airport to board her return flight to the UK.

She was in the departure lounge, queuing for final passport checks, when a member of staff from the airport canteen passed by with a trolley stacked high with trays and dishes. The trolley was overloaded and tipped over, crashing into our client.

As a result of the accident, our client fell and sustained injuries to her face, neck, left arm and shoulder, together with injuries to her left foot and leg. The injuries severely restricted her movement and she required help from various family members in respect of dressing, cooking, household chores and transportation.

Irwin Mitchell brought a claim against the airline, pursuant to the Montreal Convention. The airline initially denied liability and suggested that the claim be re-directed to the airport authorities. However, the airline subsequently accepted that it was liable to compensate our client for bodily injuries sustained during an operation of embarkation, in accordance with Article 17.1 of the Montreal Convention.

Following protracted negotiations the airline paid £8,000 in damages to our client.

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"We were very happy with the outcome of our case, especially as we were initially offered nothing from the Tour Operator. Irwin Mitchell were very professional throughout and we are very happy with the outcome."

Chris and Michael, Worksop