Businessman Files £50,000 Claim Against British Airways for In-Flight Finger Injury
Andrew Chesterton, a 61-year-old businessman from Chelmsford, Essex, is pursuing legal action against British Airways, seeking more than £50,000 in damages. He alleges that a severe finger injury sustained during a flight has left him with lasting physical scars and psychological distress, including nightmares and flashbacks.
Incident Details and Immediate Aftermath
The incident occurred in 2023 while Mr. Chesterton was traveling from Heathrow to Cincinnati for a holiday. Seated in 1A, he reached between the seats with his left hand and inadvertently caught two fingers on a sharp object hidden in the seat fold. This resulted in lacerations to his left ring finger and left little finger, causing immediate pain, shock, and bleeding that required assistance from cabin crew to control.
Upon landing, emergency services transported him to a hospital, where he received medical treatment. His ring finger required four stitches, and his little finger needed seven stitches. The ring finger remained uncomfortable and hypersensitive for five months post-injury, while the little finger later became infected, necessitating a course of antibiotics.
Ongoing Physical and Psychological Impacts
Mr. Chesterton has been left with permanent scars measuring 15mm on his left ring finger and 18mm on his left little finger. He reports ongoing issues such as hypersensitivity, stiffness, and reduced grip strength in his little finger, which he describes as a permanent condition. This has forced him to modify daily activities, including minimizing lifting tasks, particularly in gardening, compared to his pre-accident capabilities.
For approximately two months, he was unable to drive, significantly impacting his ability to perform daily tasks and participate in social life. He attended five physiotherapy sessions to address his physical symptoms. Psychologically, Mr. Chesterton developed anxiety about social activities, avoiding events like sports games and concerts for about three months due to fear of further injury to his fingers. He also experienced flashbacks to the accident and was prescribed sleeping tablets in October 2023 to manage nightmares and sleep disturbances.
Legal Proceedings and British Airways' Response
The claim is being pursued under the Montreal Convention, which holds airlines strictly liable for accidents occurring on their flights. British Airways has admitted liability for the accident but is contesting the compensation amount, specifically denying responsibility for any alleged psychological damages. In court documents, the airline's barrister, Christopher Loxton, stated that while the accident is acknowledged, Mr. Chesterton must prove the extent of his injuries and their causation. The defence argues that the Montreal Convention allows recovery only for "bodily injury" or death, not psychological harm.
Unless a settlement is reached outside of court, the case will proceed to a full assessment of damages to determine the compensation due to Mr. Chesterton.
