Man sues British Airways for £5,000,000 after slipping on puddle of Baileys

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A man is suing British Airways after he slipped on a puddle of Baileys Irish Cream liquor whilst running to catch his flight.

Andreas Wuchner claims he was travelling from London Heathrow to Zurich when the spilt alcohol caused him to slip and fall. Although it is unclear how the alcohol ended up on the floor, Wuchner has accused BA of failing to clean it up.

Man sues British Airways

The incident happened in 2017, and Wuchner says it has had ‘catastrophic’ effects on his health and his business.

According to the Drinks Business publication, Wuchner now suffers from severe headaches that can last up to two weeks at a time, and his lawyers claim that he is unable to run the office supply business he owned, or work again as a result of ‘traumatic brain injury’.

Speaking to The Mirror, Andreas Wuchner explained that the accident occurred after he bought some coffees at the airport and was ‘rushed’ by BA staff to board the plane.

He said:

“As soon as I ordered the coffee, the BA employee started to shout loudly that I was the last passenger so I should hurry up. I went as quickly as possible to the boarding gate, bearing in mind I had four coffees in my hand.

“I wasn’t running, but I went as quickly as I could. I was walking swiftly, bearing in mind the safety of my coffee cups.”

He claims he was “put under pressure” and when he slipped on the split drink, he ‘flipped two metres in the air’, causing him to fall and hit his head on the floor.

Andreas was previously awarded £130,000 in compensation, but his legal team warned in 2021 he would seek further ‘special damages’.

The Mirror reports that the court heard Wuchner’s company was ‘liquidated’ in September 2018, ten months after the accident, with Ms. Prager saying his “traumatic brain injury” led to headaches and focus issues which led to the firm’s collapse.

Now the former business owner is taking BA to court for £5,000,000 in damages.

Occupiers’ Liability – How it works

Accidents that occur on property owned by somebody else are called Occupiers’ Liability accidents. This can include accidents which occur in buildings, on ‘premises’ or on land which is not controlled by you or your employer.

There is a duty of care that is owed to lawful visitors under the Occupiers’ Liability Act 1957 to take reasonable care to ensure that visitors will be reasonably safe when using the premises.

The duty owed by occupiers is “to take care as is reasonable in all the circumstances of the case to see that they are not injured on the premises by the danger concerned”.

What should I do after the accident?

To bring a successful claim, you will need to establish that it was foreseeable that a visitor would come onto the property and that the occupier allowed a hazard there that was foreseeably dangerous to them.

When you make a claim, it is helpful if you have taken the following steps:

Report the accident to the staff or owner and make a note in the accident book if possible.
Take photographs of where your accident happened, any defects, and details of witnesses willing to provide evidence.
Make a note of the details of any signage
Get confirmation as to whether the incident was reported and if so, to whom
Seek immediate medical advice either at your GP surgery or the local Accident and Emergency department at the hospital. Make the hospital aware of where and how your accident happened. This will assist your case as there will be further proof of the circumstances.

Who can make an Occupiers’ Liability claim?

A claim can cover anybody visiting the premises. The extent of the duty of the Occupier is to take such care as is reasonable to see that the visitor will be reasonably safe in using the premises for the purpose for which they are invited by the occupier to be there. This applies to both children and adults.

How much compensation will I get?

The amount of compensation you can claim will depend on the severity of your injuries and the effect it has had on your life.

Compensation will be awarded in General and Special Damages.

General Damages refer to the compensation given for the pain, suffering and loss of amenity of life that is evidentially linked to the accident. The pain and suffering element of the award would compensate for all past, present, and future physical and psychiatric symptoms.

Special damages is compensation given for the financial loss or out-of-pocket incurred as a result of the accident. Including but not limited to:

Loss of earnings
Medication or prescription charges
Travel to appointments
Any cost of care for extra care needed from family or care providers

If you are not able to do things such as gardening, or walking the dog, and have to pay somebody for these services as a direct consequence of your accident and subsequent injuries, these can also be claimed for.

However, an injured person has a duty to take reasonable steps to minimise losses/expenses. This is called mitigation of losses, and a court will assess whether or not the loss was reasonably incurred, before making an award.

Is there a time limit to make a claim?

Legal proceedings must be initiated within 3 years from the date of your accident. Failure to do this may result in your claim being time-barred and you may not be able to make a compensation claim. However, there are exceptions to the time limit:

Claims on behalf of children – A litigation friend (typically a parent) can bring a claim on behalf of a child under the age of 18. The 3-year limitation period does not begin until the child reaches the age of 18. This means that the limitation period expires on the child’s 21st birthday.
Mental capacity– If you or the injured party lacks capacity and cannot bring a claim and manage their own affairs, the 3-year time limit will not begin until the injured person regains capacity.
Death – If unfortunately, the injured party dies within the 3 years limitation period, then his dependants can claim on their behalf, the 3 years is extended to 3 years from either the date of death

What evidence will I need?

To prove the premises/land you were visiting was unsafe, you will need evidence:

Photographs will show what caused the accident with measurements to show scale. It is also useful to show the injuries sustained, especially with scarring.
Witness statements to prove that risks were avoidable and that accident details are corroborated. For example, if an employee has confirmed the area has been defective for some time, this will assist your case. Try to obtain their contact information.
You must be able to provide details of exactly where, why, and how the accident happened, what the danger was, and how it was preventable.
A log of the accident report to prove that the cause of your fall was reported to the occupier. Ensure that you keep copies of letters received about your accident, such as from insurance companies, and send these to your solicitor promptly.
Seek medical attention from your own GP or hospital. It also helps if accident circumstances are logged in your medical records, to support the fact that you have been injured.
CCTV – Some public places may have security cameras that may assist.

How do I prove who was responsible?

To make a successful claim, your solicitor must establish that the owner of the property was legally responsible for the accident. They must also establish that your injuries resulted from the accident.

It may be that the building in which your accident occurred is owned by somebody different and managed by another company. It would therefore be important to establish which company should be held responsible or if it is more than one.

It is usually a different company that occupies the premises and who has control over the day-to-day running of it.