Cosgrove Gaynard Solicitors

Personal injury using Airplane Steps

In the fast-paced environment of commercial aviation, the safety of passengers and airport staff hinges on strict adherence to health and safety protocols. Among the many overlooked risks which cause personal injury claims are folding airplane steps, which, if improperly maintained or used, can become a serious hazard. Under both international aviation standards and domestic health and safety laws, failing to ensure the safe operation of these steps can lead to compensation claims.

What Are Folding Airplane Steps?

Folding airplane steps (or mobile boarding stairs) are either folding steps from a plane itself or portable staircases used to help passengers board or disembark from aircraft, particularly when airbridges are unavailable. They are often seen in regional airports or during ground-handling operations on the tarmac.

These structures may be manually operated or motorised, and they require correct positioning, stabilisation, and maintenance to be used safely.

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The Risk Factors

When not properly managed, folding airplane steps can pose serious risks, including:

• Trips and falls due to uneven or unstable steps

• Collapse or slippage if the steps are not locked or secured correctly

• Injury from faulty handrails or hinges

• Unsafe angle of incline, especially in wet or icy conditions

• Lack of visibility, especially during nighttime or poor weather

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Establishing Negligence

If someone is injured due to faulty or poorly managed airplane steps, a claim can be made for compensation where it can be shown that:

1. A duty of care existed (e.g., the airline or ground services provider had a legal obligation to ensure safe use)

2. That duty was breached by failing to maintain or operate the steps safely

3. The breach caused an injury (physical or, in some cases, psychological)

4. The injury led to damages (e.g., medical bills, loss of income, pain and suffering)

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Case Example (Hypothetical)

A passenger disembarks from a flight using mobile folding stairs. Due to a worn hinge and failure to lock the stabilising legs, the stairs shift as the passenger steps down, causing a fall and a broken wrist. An investigation reveals that maintenance logs had not been updated for several months, and staff received no refresher training. This scenario clearly opens the door to a personal injury claim for compensation.

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Preventive Measures

To mitigate risks, operators should:

• Conduct routine inspections and maintenance of all boarding equipment

• Ensure staff are trained in proper deployment and safety checks

• Use anti-slip surfaces and appropriate lighting

• Monitor weather conditions and provide extra precautions in adverse situations

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Recent cases for compensation for injury on airplane steps

Several legal cases have examined whether injuries sustained on folding airplane steps qualify as "accidents" under Article 17 of the Montreal Convention, which governs airline liability for passenger injuries during embarkation or disembarkation. These cases highlight the airline's responsibility under the Montreal Convention to ensure passenger safety during embarkation and disembarkation.

1. 2009 Incident: Child Falls Through Gap

In July 2009, a three-year-old girl fell from the top of the aircraft boarding stairs at Stansted Airport, slipping through a gap between the extendable handrail and the upper platform. The Air Accidents Investigation Branch (AAIB) identified this gap as a hazard to small children and recommended that Ryanair review its boarding procedures to ensure assistance was available to passengers with children and special needs.

2. 2010 Incident: Mobile Stairs Collapse

In 2010, a female passenger suffered a serious leg injury when the mobile stairs used to disembark the aircraft partially collapsed at Dublin Airport. Investigators found that the locking mechanism was creating a "false" lock condition, which allowed one person to stand on the stairs without issue but failed when multiple passengers used them simultaneously.  

3. 2020 Incident: Passenger Breaks Leg

In February 2020, a passenger fell while exiting a Ryanair aircraft in Seville, breaking her leg in two places. The judge in the case noted that the plane's staircase was "especially narrow and steep." The passenger was awarded €33,000 in damages.  

4. 2012 Incident: Cabin Crew Member Injured

In February 2012, Ryanair cabin crew member Laura Albacete fell on wet stairs at Cork Airport, resulting in a head injury and a sprained ankle. She was awarded €30,000 in damages after suing the airline.

5. Moore v. British Airways (USA, 2022)

Jennifer Moore sued British Airways after falling from a mobile staircase with a final step significantly higher than the others. The district court initially dismissed her claim, stating the event was not "unexpected or unusual." However, the First Circuit Court of Appeals reversed this decision, emphasising that the event should be considered from the perspective of a reasonable passenger, not the airline. The court concluded that a jury could find the incident constituted an "accident" under the Montreal Convention

6. Labbadia v. Alitalia (UK, 2019)

In this case, the claimant fell on icy aircraft steps while disembarking at Milan Linate Airport. The court ruled that the airline's decision to use uncovered stairs in adverse weather conditions, contrary to safety protocols, constituted an "accident" under the Montreal Convention. The judge found that the event was "unusual" and "external" to the passenger, as it resulted from the airline's operational choices

7. JR v. Austrian Airlines (EU, 2022)

The Court of Justice of the European Union (CJEU) addressed whether a passenger's fall on non-defective boarding stairs constituted an "accident." The CJEU ruled that the fall itself could be considered an "accident" under the Montreal Convention, shifting the burden to the airline to prove any defence, such as contributory negligence by the passenger.

8. Catherine Shanahan v. Ryanair (2010)

Incident: In June 2010, a female passenger sustained a serious leg injury when the mobile stairs used to disembark the aircraft partially collapsed at Dublin Airport.

Cause: Investigations revealed that the locking mechanism of the stairs created a "false" lock condition, which allowed the stairs to collapse when multiple passengers used them simultaneously.

Legal Outcome: Ryanair accepted the safety recommendation to confirm and crosscheck the correct engagement of the locking mechanism to prevent future incidents.

9. Woman settles case with Ryanair

A passenger, who fell down steps while exiting a Ryanair plane at Dublin Airport, settled her €38,000 damages claim against the airline  

The passenger claimed she had been disembarking from a Ryanair plane at Dublin when she slipped and fell on a steep, wet and slippery mobile stairs. She had been holding a rail with one hand and carrying her hand luggage in the other when she fell. Air crew had assisted her, and she had been given first aid by an airport paramedic team.

Conclusion

Folding airplane steps may seem like a routine part of airport operations, but they carry serious risks if not properly managed. Negligence in their maintenance or deployment can lead to injuries and legal liability for a personal injury claim for compensation for these injuries under the Montreal convention.  

We have been involved in a number of cases against airlines where stairs were found to be faulty, negligent, not fit for purpose or used in the incorrect manner or weather. This is an ongoing and reoccurring issue for airlines.  

The cases we have listed illustrate that injuries on folding airplane steps can qualify as "accidents" under the Montreal Convention, depending on factors like the condition of the steps, the airline's adherence to safety protocols, and the circumstances surrounding the incident. Courts often assess whether the event was unexpected or unusual from the perspective of a reasonable passenger.

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