Lincolnshire Couple Receive £340,000 compensation after lane Crash in Tanzania
08/06/2007
Holiday Plane Crash
I would recommend Alexander Harris because they provide a very good service.
Stephanie, Cheshire
A Couple from Woodhall Spa in
Lincolnshire have been awarded £340,000 in an out of court settlement
after they were seriously injured in a plane crash whilst on a safari
holiday in Tanzania to celebrate their 36th wedding anniversary.
Brian
and Kathleen Holland were both injured in an accident on 17 March 2004
when the plane they were travelling in had to make an emergency landing
after suffering engine failure.
Although the pilot tried to land on
a road carriageway, oncoming traffic forced him off the road, causing
the plane to crash. The plane was carrying 8 passengers, 5 of them were
seriously injured including both Mr and Mrs Holland.
Mr Holland
suffered serious leg and back injuries whilst Mrs Holland fractured her
left ankle and suffered a serious spinal injury. Mrs Holland spent a
week in the intensive care unit in Nairobi before being flown back to
the Northern General Hospital in Sheffield where she spent several
months receiving in-patient treatment.
Plane crash on holiday
Mr
and Mrs Holland sought damages against 3 Defendants including the tour
operator that arranged the package holiday, Okavango Explorations (UK)
Limited, trading as Hartley's Safaris, as well as Regional Air Services
Limited, the carrier in Tanzania and AirKenya Aviation Limited, the
company that was responsible for the maintenance of the engine that
failed.
Clive Garner, Head of the International Travel Litigation Group at law firm Irwin Mitchell who dealt with the claim said:
"Mr and Mrs Holland both suffered very serious injuries in this
accident and they are continuing to suffer significant ongoing
difficulties as a result."
"This was a complex legal action
involving claims against 3 defendants, one in England, one in Kenya and
one in Tanzania. The accident occurred in Tanzania during the course of
an internal flight and while the Montreal Convention now provides a
basic level of protection for passengers injured in international
flights, this Convention had not been ratified in Tanzania and
therefore did not apply in Mr and Mrs Holland's case. Although we were
able to bring their claim in the English courts, Kenyan and Tanzanian
law was relevant to a number of issues and experts were instructed to
investigate the cause of the engine failure and the adequacy of the
maintenance of the Cessna plane they were flying in.
"After a
tough legal battle I am delighted that settlement was agreed with all 3
Defendants. Mr and Mrs Holland have already moved to a suitable
bungalow that will meet their immediate and long term housing needs. If
the Montreal Convention for International Carriage by Air had applied
to their claims they would have recovered a significantly higher level
of damages"
"The safety of air travel in parts of Africa has been
the subject of considerable concern following the loss of a number of
aircraft. With such concerns about air safety it is crucial that
passengers are compensated appropriately when things go wrong and it is
hoped that the protection offered by the Montreal Convention is
extended to all air travel throughout Africa and indeed to all
countries which have not yet ratified it."
Mr Holland said:
"I
am very pleased to see the end of this complicated court case. Kathleen
and I have been worried about the life changing injuries that we
sustained and how we would be able to manage without employment in the
future."
"The damages that we have recovered have gone some way to
resolving our concerns and with our recent move to a new and suitable
property, we are now confident that we will manage in the future."
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