Harriet is quite excited as international travel is finally possible. Having completed her full course of COVID vaccinations Harriet is looking forward to take her long awaited trip to Spain. On 11th October 2019, she is in transit on a CoCo Airline Services A380 from Brisbane. After a quick stop in Singapore to refuel her flight continues to Spain, however she is suddenly awoken by an explosion and is thrown forward in her seat. In shock she notices to her right that the engine is on fire. The oxygen masks have deployed and the other passengers are screaming, the captain has also announced to passengers and cabin crew to prepare for a potential controlled emergency landing on water. Thankfully the aircraft was able to land safely having diverted to Dubai. An immediate investigation found that two fan blades had snapped off causing the right wing engine to disintegrate.
This ordeal resulted in a number of passengers and cabin crew to sustain injuries. Harriet is one of the passengers to have sustained an injury. Her injuries include a sprained wrist, whiplash and mild bruising. While being checked over in hospital Harriet told medical staff that during the flight she has been continually sweaty, nauseous, feeling fatigued and suffering from dizziness. The doctor advised that she has heart disease and that this can make her susceptible to blood clots. She is given medication and is released to continue her trip to Spain.
A year after the event, a journalist for the magazine Air Travel and You wants to publish a story how Harriet survived the Coco Airlines incident. During the interview Harriet mentioned that since that day she has been anxious, nauseous and stressed as the incident was severely frightening and she feared for her life. She also revealed that she is having trouble sleeping and sitting as a result of ongoing back issues and has been unable to work in her profession as a bus driver. Having arrived back from her trip she was also hospitalized due to a case of Deep Vein Thrombosis (DVT). The journalist asked Harriet why she has not seeked compensation from Coco Airlines, but Harriet did not know she could bring an action.
Harriet decides to seek legal advice from her brother (a student of law) regarding claiming compensation from the airline. She provided her brother with evidence to show that medical specialists have identified that her back issues were caused by the whiplash injury and her DVT were the result of her long haul flight on Coco Airlines. Her ongoing mental issues have been diagnosed as a form of ‘nervous shock’ caused by the incident. Harriet’s brother advises that she has a good case and should pursue legal action against the airline.
On 20th September 2021 Harriet finally decides to bring an action against Coco Airlines for her DVT condition and the mental illness she is suffering. Harriet seeks your help regarding what can be claimed and whether she can seek damages of $900,000 from the air carrier.
Please advise Harriet?
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