Personal Injury: Passenger partly to blame for airport accident to receive significant payout in important case

In the case of Wuchner v British Airways (July 2024), His Honour Judge Saunders found British Airways liable for injuries caused to Mr Wuchner, including traumatic brain injury, after slipping on a spillage of liqueur whilst boarding a flight.

The Judge ruled that British Airways was liable for the accident but that the negligence of the claimant, who was carrying four coffees and under time pressure to reach the boarding gate in time, undoubtably contributed to what happened.

He also said the accident might have been avoided altogether if British Airways, whilst waiting for cleaners to mop up the spill, had temporarily covered it up or warned passengers it was there.

The court examined the issues of contributory negligence and the financial damages cap on liability and is considered important in terms of guidance in this area of the law.

What happened in this accident and injury case?

The accident happened in November 2017 at Heathrow Airport when Andreas Wuchner, who’d missed an earlier flight home to Zurich after getting held up in traffic, booked a new flight.

After going through security, and with just 15 minutes to spare before his flight departed, he stopped to buy four coffees and whilst balancing them in a tray, as well as carrying his mobile phone, bag and briefcase, slipped in a pool of Bailey’s on the airport floor and fell heavily.

Mr Wuchner said he wasn’t running but going ‘as quickly as possible to the boarding gate, bearing in mind I had four coffees in my hand’.

The court heard that as a result of the accident, he suffered a ‘traumatic brain injury’ which led to headaches and problems focusing. As a result, his office supplies company had to be liquidated.

What issues did this accident and injury case consider?

British Airways (BA) admitted that it was the spillage of Bailey’s that had caused the accident but that it was not responsible for cleaning it up.

British Airways denied liability arguing that the accident was caused solely by the negligence of the person who spilled it in the first place and/or, solely or partially, due to Mr Wuchner’s carelessness.

Whilst BA knew the spillage had happened, and had called for a cleaner, it said it was not responsible for cleaning operations at Heathrow.

Although Judge Saunders assessed Mr Wuchner’s contributory negligence at 20%, he found that the spillage had been on the floor for ‘some considerable time’ before Mr Wuchner slipped on it.

Although the protocol was to wait for cleaning staff, Judge Saunders found that BA should have had procedures in place – like warning or re-routing passengers around the spill – to protect them from potential accidents.

Why is this accident and injury case important?

After finding against British Airways on the issue of liability, the Court had to consider the relationship between two articles of the Montreal Convention:

Article 21 limits the damages paid to a claimant to approximately £140,000.

Article 20 allows the court to make deductions for contributory negligence.

The full value of the claim (but for the cap under Article 21) would have been approximately £5m.  The amount Mr Wuchner would recover would therefore already been substantially reduced by the cap.  The key issue was whether the 20% deduction for contributory negligence should be imposed before or after the cap on damages.

The Judge held that the deduction for contributory negligence should imposed after the cap, meaning Mr Wuchner received just under £120,000.

Get in touch

Wards Solicitors wins high praise in the 2025 edition of the independent Legal 500 guide of outstanding legal professionals for its exceptional professional service standards and high levels of technical expertise.

It also recommends our Personal Injury and Clinical Negligence Claimant Team with Associate Solicitor Richard Green highlighted as a key lawyer.

We have also recently been named as Bristol Law Society’s Regional Firm of the Year 2025 beating off stiff competition to scoop the award.

If you need expert legal advice in this area, please contact Richard Green at richard.green@wards.uk.com or on 0117 929 2811.

Click here to start your enquiry using our personal injury form. In most cases we act on a ‘no win no fee’ basis.