British Airways Faces £4M Compensation Claim After Passenger Slips and Suffers Traumatic Brain Injury

A British Airways passenger who slipped on a puddle of baileys and suffered a traumatic brain injury could be owed £4m in a compensation claim against the airline.

 

When we shop, eat in restaurants, or sit in cafes, we may occasionally encounter some unexpected situations, such as slipping. While most of the time you will probably be fine, in some situations these accidents can cause serious injuries. So, if such an accident does happen, who is responsible? A recent case sheds some light on this issue.

 

Background

 

Andreas Wuchner is a businessman who ran an office supplies business prior to his injury. In November 2017, he and his business partner came to the UK to discuss business and watch a football match. A few days later, they were preparing to return to Zurich from London. Due to bad traffic that day, he and his friend missed the flight. He therefore had no choice but to book the next flight.

 

However, the two still failed to arrive at the airport in advance. After passing through security, he and his business partner were the last passengers to board. Even though the flight was about to take off, he stopped at Starbucks in the airport and bought two espressos and two macchiatos.

 

15 minutes before the scheduled departure time of the flight, he rushed to the check-in gate carrying four cups of coffee and slipped on the puddle of Baileys.

 

The fall was very serious. According to eyewitnesses at the scene, Wuchner flew approximately two metres into the air and hit his head on the ground hard. He was then sent to the hospital. Since the accident, he has suffered recurring headaches that can last up to two weeks. His company also faced bankruptcy a few months later due to his inability to work as a result of his head injury.

 

BA sued for more than £5m due to injuries and loss of business and career

 

 

Wuchner then sued the airline for more than £5 million to compensate for his claim that he could no longer work due to his injuries and the loss of his business and career.

 

Initially, Wuchner was entitled to at least £120,000 in compensation under the Convention Liability Rules for Passengers on International Flights. In 2021, a British judge awarded him £130,000 in compensation, which Wuchner accepted. However, the gentleman’s legal team said he could get more compensation.

 

So, for the past two years, he has continued to request an increase in the amount of compensation, saying that because of the fall, he often suffers from “forgetfulness” and “lack of concentration.”

 

British Airways’ lawyers said they disagreed with the additional claim. The airline argued that Wuchner could have bought coffee on the plane. Instead, he stopped at Starbucks to buy coffee near take-off time. He knew he was going to be late, so he rushed to the gate with four cups of coffee, which led to the incident. British Airways therefore claimed they should be exempted from liability.

 

In response, Andreas replied: “I really enjoy a proper coffee out of a coffee machine, rather than the normal airport coffee, which is why I went to Starbucks. I went as quickly as possible to the boarding gate, bearing in mind I had four coffees in my hand.” He added, “I wasn’t running, but I went as quickly as I could. I was walking swiftly, bearing in mind the safety of my coffee cups.”

 

The judge in the Central London county court in charge of the case held that British Airways must be held responsible for the accident. The judge said that British Airways should bear the main responsibility because British Airways employees had the responsibility to ensure the safety of the area. If British Airways staff had cleaned up the leak on the ground in time or warned passengers of the danger, the accident might have been avoided.

 

However, since Andreas himself was also partially responsible and was considered “jointly negligent”, he could not obtain the full compensation of 5 million pounds he requested. The assessment results showed that he could obtain 80% of his claim of 5 million pounds. In other words, British Airways had to pay the passenger up to 4 million pounds in compensation.

 

So, who is responsible if a customer suffers an accident in a store?

 

Accidents in stores are actually quite common, with the most common causes being slips, trips and falls, being hit by falling objects, machinery accidents and criminal attacks. These accidents can result in minor to severe injuries such as broken bones, lacerations and traumatic brain injuries, and can seriously affect your ability to work and perform daily activities.

 

Even if the result of this case is not in line with the wishes of the parties involved, the compensation of 4 million pounds is still a huge amount. Despite economic pressures, British Airways is estimated to have strong enough financial strength to pay this money. However, imagine for a moment that you are running a small restaurant or a shop and a customer has an accident. You may have to pay compensation to the customer, the consequences you need to bear will be huge, and you may be unable to repay even if you lose everything. Therefore, everyone must understand the legal rules of the UK and be prepared in advance.

 

Under the Occupiers’ Liability Act 1957, the owner or occupier of premises has a duty of care towards visitors, which means they have a duty to take reasonable steps to ensure the safety of their guests while on the premises.

 

There are some reasonable protective measures that occupiers can take, such as:

• When food is spilled on the floor, they have a system to clean it up immediately
• Clean the floors on site at the appropriate times and with good enough products and equipment.
• Implement systems to detect, mark, isolate and repair damaged floors
• Make sure cleaning staff use electrical outlets close to where they work; this will help prevent long trailing cords from becoming a tripping hazard.

 

In addition, you can also consider purchasing Public Liability Insurance, which can help you reduce financial difficulties and risks when you need to bear legal liability for your customers. The insurance company will pay your legal fees and all claims. If a customer has an accident in your store, please contact Lisa Law Firm immediately. Our litigation team can provide you with professional advice.

 

No matter if a person falls or is injured in a cafe, restaurant, cinema, shopping mall, gym, etc., if the cause is due to the failure of the owner or occupier of the venue to take reasonable measures, the owner or occupier of the venue shall be held responsible.

 

 

How can customers file an accident claim?

 

As mentioned above, every store owner and store employee has a duty of care to their customers, so if you have been injured because a store owner breached their duty of care, you may be eligible to have a lawyer file a personal injury claim on your behalf. Generally, your lawyer will help you determine whether:

• Another party, such as a shop owner or operator, owes you a duty of care
• Their negligence or intentional behavior caused the accident
• You suffered damages and other losses as a result
• Your accident occurred within the past three years, or within a relevant time frame that may apply to your case

 

If you are injured in a store accident, it is important to gather as much evidence as possible both at the scene and afterward to ensure your attorney can defend you as strongly as possible:

 

• Seek medical help as soon as possible, either by calling 111, visiting your GP, a minor injuries unit or an emergency department. This will ensure you have a record of any medical treatment you received, which will be important evidence in your claim;
• Notify a store employee or manager of the accident and provide them with details of what happened and the injuries you sustained. Make sure they record the accident in their accident log and ask for a copy of their signed report as proof of the date, time and location of the accident to you;
• Gather evidence to support your claim. For example, take photos of the accident scene, your injuries, and any dangerous conditions that led to the accident. Also, get the contact information of any witnesses who were present at the time of the accident to support your version of events in the event of a liability dispute;
• Keep copies of any medical reports, invoices or receipts related to your injuries and treatment. These documents will be important when making a claim.
• Seek legal advice from a personal injury lawyer who specializes in helping people who have been injured in stores. They will evaluate the details of your case, explain your rights, and guide you through the claims process.
• If you believe the incident was caused by negligence or a dangerous condition in the store, please consider making a formal complaint to store management or the appropriate department. This will help ensure that the necessary steps are taken to prevent similar incidents in the future.

 

Once liability has been established and you have all the necessary evidence to support your case, your lawyer will contact the other party and inform them of your intent to file a claim for compensation. If they admit liability for your injuries, you can begin negotiating a settlement. Otherwise, your lawyer will help you take legal action to file a lawsuit in court.

 

If you have an accident in a public place and are not sure who is responsible, or if you want to sue a store owner but don’t know what to do, please contact Lisa’s Law Solicitors immediately. Our litigation team can provide you with professional advice. If you have any questions about this article, you can also contact us for further information.