A businessman is suing British Airways for more than £50,000, claiming that he suffered “flashbacks and nightmares” after cutting his little finger on a flight.
Andrew Chesterton, 61, was flying from Heathrow to Cincinnati for a holiday in 2023 when he put his hand between seats and caught two of his fingers on a sharp object.
The former chief operating officer at financial services company Bravura Solutions was left bleeding and in “immediate pain and shock” and was taken to hospital when the plane landed.
He is now suing the airline for more than £50,000, claiming he was left with scars plus “reduced grip strength” in one of his little fingers, as well as suffering from “flashbacks and nightmares” about the incident.
British Airways has admitted liability for the accident, but is resisting the sum Mr Chesterton is claiming, saying it is not liable for compensation for any alleged psychiatric damage.
In court papers, his barrister Jessica Muurman said that Mr Chesterton, of Chelmsford, Essex, was injured after reaching between his seat, 1A, with his left hand.
“A sharp object, unbeknown to the claimant, was present in the fold of his seat and caused a laceration to his left ring finger and left little finger,” she said. “Following the accident, the claimant was in immediate pain and discomfort, and required assistance from cabin crew to temper the bleeding.”
After landing, Mr Chesterton was taken to hospital by emergency services where he had four stitches to his ring finger and seven to his little finger. His ring finger remained uncomfortable and hypersensitive for five months after the injury, while the cut on his little finger later became infected, requiring antibiotics.
“The claimant has been left with a 15mm scar on his left ring finger, and an 18mm scar on his left little finger,” Ms Muurman wrote. “While the claimant’s ability to mobilise his fingers increased during the initial recovery period, the claimant suffers ongoing problems of hypersensitivity, stiffness and reduced grip strength in his left little finger.
“This impact is permanent. As a result, the claimant must modify tasks – for example, minimising lifting, particularly in the garden, compared to pre-accident. For approximately two months, the claimant was unable to drive, which impacted his ability to undertake daily tasks as well as his wider social life.
“The claimant has attended five sessions of physiotherapy in an attempt to combat his ongoing physical symptoms as a result of the accident. The claimant has suffered a psychological impact as a result of the accident. He developed anxiety about participating in social activities, avoiding events such as sports games and concerts, for fear of his fingers being knocked for approximately three months. The claimant has also experienced flashbacks to the accident. The claimant was prescribed sleeping tablets at the end of October 2023 as he was having nightmares and struggling to sleep post-accident.”
Mr Chesterton’s claim is under the Montreal Convention, under which British Airways is “strictly liable” for the accident which occurred on its flight, Ms Muurman wrote.
In its written defence to the action, BA’s barrister, Christopher Loxton, said the airline admits that Mr Chesterton suffered an accident, but that he will have to prove the extent of his injuries.
“The defendant has little knowledge of the nature and extent of the claimant’s alleged injury, loss or damage,” he wrote. He added that Mr Chesterton would have to prove the extent of his injuries and that they were caused by the accident.
“Further, in relation to the particulars of injury, and specifically the claimant’s alleged psychological injury, it is denied that he can recover damages for such an injury, as article 17(1) of the Montreal Convention allows a passenger to recover damages for ‘bodily injury’ or death.”
The case will proceed to a full assessment of the damages which Mr Chesterton is due unless the parties are able to settle the case outside of court.
