When an accident isn't an accident

When an accident isn't an accident

While trying to embark onto his Jetstar flight, 84 year old John Brannock fell down an allegedly unsafe flight of stairs. However, the Court of Appeal in Queensland held that Mr Bannock's fall did not constitute an accident and that Mr Brannock was not entitled to claim damages.

Injuries sustained on aircrafts are covered by an international convention which has been legislated into Australian law. Unlike the common law of negligence, damages of up to $500,000 are paid regardless of fault. However, compensation is only payable where an accident has occurred. An accident is defined as an external unusual or unexpected event . A good example of an accident is an injury caused by in-flight turbulence.

Adviceline Injury Lawyers has successfully negotiated settlements for people injured on aircrafts in Victoria. Unfortunately, in Mr Brannock's case, despite the alleged negligence of Jetstar, the Court held that falling down the flight of stairs did not come within the definition of accident and his claim failed.

Read the judgment here.

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