Peter Savory successfully defends claim by cabin crew injured in turbulence incident.

At a four day multi track trial, reported widely in the national press, Peter Savory, instructed by Ben Jones of Clyde & Co, successfully defended a claim brought against British Airways by a member of its cabin crew.

On a long haul flight, as the BA aircraft was at 12,000 feet and preparing to land, it was hit by single severe bump of turbulence. The Claimant, working in the galley, fell and was injured. The airline’s obligations, and the duties of its pilots, were governed by Annex 5 of the European Union Aviation Safety Agency regulations, incorporated into Operations Manuals.

It was alleged the pilots had failed to follow proper procedures in respect of meteorology – identification of cloud types around a navigational waypoint, failed to turn or maintain a safe distance to avoid turbulence, failed to warn the crew, and the turbulence was avoidable. The Defendant said that its pilots had correctly identified the clouds – they were not potentially hazardous cumulonimbus, and therefore a mandatory requirement to maintain a distance of 20 nautical miles was not engaged. If the clouds were cumulonimbus, the aircraft in any event did not encroach on the 20 nautical mile limit. Warnings given to the cabin crew were appropriate. In all those circumstances the turbulence event and therefore the injury to the Claimant was not reasonably foreseeable.

At trial the Court heard from the Claimant who gave evidence about turbulence before and after her fall , but was unable to comment on what could be seen from the flight deck. The Defendant’s two pilots gave evidence as to what could be seen, their use of aircraft systems including radar, and reasons for navigational decisions. A joint meteorology report was considered, and the court also heard evidence from aviation experts for both Claimant and Defendant. Both aviation experts were cross-examined.

After a comprehensive analysis of all the evidence, HHJ Saunders found the pilots had dealt with the situation entirely professionally, correctly identified the clouds, and the turbulence was not reasonably foreseeable. He nevertheless went on to determine that the navigational decisions taken were entirely reasonable – prudent – and the pilots were aware and engaged with all guidance concerning crew safety. The claim was dismissed.

Peter Savory has dealt with various claims involving airlines, including drone strikes, manual handling and other employers’ liability on the ground, cabin crew training, injury and procedure in the air, and disparate other matters across jurisdictions. He has a broad PI practice.

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