A British businessman is taking legal action against British Airways, seeking more than £50,000 in damages after he suffered a severe finger injury during a flight, resulting in lasting physical scars and psychological trauma including flashbacks and nightmares.
Incident Details and Immediate Aftermath
Andrew Chesterton, a 61-year-old former chief operating officer at financial services firm Bravura Solutions, was travelling from Heathrow to Cincinnati for a holiday in September 2023 when the accident occurred. According to court documents, Mr Chesterton reached between the seats with his left hand and caught two fingers on a sharp object hidden in the fold of his seat, causing lacerations to his left ring finger and left little finger.
The incident left him bleeding and in immediate pain, requiring assistance from cabin crew to control the bleeding. Upon landing, emergency services transported him to a hospital where he received medical treatment, including four stitches to his ring finger and seven stitches to his little finger.
Ongoing Physical and Psychological Impact
Mr Chesterton, from Chelmsford in Essex, has reported significant long-term effects from the injury. His ring finger remained uncomfortable and hypersensitive for five months post-accident, while the cut on his little finger later became infected, necessitating a course of antibiotics. He has been left with permanent scars measuring 15mm on his left ring finger and 18mm on his left little finger.
More critically, he suffers from ongoing physical issues including hypersensitivity, stiffness, and reduced grip strength in his left little finger, which he describes as permanent. This has forced him to modify daily tasks, such as minimising lifting activities, particularly in the garden. For approximately two months, he was unable to drive, impacting his ability to perform routine tasks and participate in social activities.
Psychologically, Mr Chesterton developed anxiety about engaging in social events, avoiding sports games and concerts for fear of his fingers being knocked for about three months. He has experienced flashbacks to the accident and was prescribed sleeping tablets in late October 2023 due to nightmares and sleep disturbances. He has attended five physiotherapy sessions to address his physical symptoms.
Legal Proceedings and Airline's Response
Mr Chesterton's claim is being pursued under the Montreal Convention, an international treaty that governs airline liability for passenger injuries, under which British Airways is strictly liable for accidents occurring on its flights. His barrister, Jessica Muurman, has detailed the injuries and their impact in court papers, emphasising the physical and psychological toll.
British Airways has admitted liability for the accident but is contesting the amount of damages sought. In its written defence, the airline's barrister, Christopher Loxton, stated that while it acknowledges the accident occurred, Mr Chesterton must prove the extent of his injuries. Specifically, BA denies liability for any alleged psychiatric injury, arguing that the Montreal Convention allows recovery for bodily injury or death, not psychological harm.
The case is set to proceed to a full assessment of damages unless a settlement is reached out of court. This legal battle highlights the complexities of airline liability and compensation for injuries sustained during air travel, particularly when psychological trauma is involved.
