Baggage claim — $1M injury suit filed against Air Canada after object falls from plane's overhead bin

By: Stephen Lequire,

Apparently those warnings about items falling from overhead bins are worth heeding.

A Calgary woman is seeking more than $1 million in damages after she badly injured her hand while boarding an Air Canada flight.


The lawsuit, filed on behalf of Jenelle Lessard, says the woman was getting onto an Air Canada flight from London, England, to Calgary on Oct. 17, 2012, when the incident occurred.

"The plaintiff ... was boarding an aircraft and was proceeding through an aisle of the aircraft when suddenly and without warning, an object fell from an overhead compartment," the claim states.

The lawsuit, filed in Calgary Court of Queen's Bench, says under the Montreal Convention and Warsaw Convention, Air Canada is liable for injuries caused on its aircraft which aren't the fault of the injured party.

"The accident was not caused or contributed to by the negligence or other wrongful act of omission of the plaintiff," it says.

"The accident was caused by the negligence or other wrongful act or omission of the defendant, Air Canada, and its employees."

Among those acts were failing to staff the plane adequately and using improperly or untrained flight crew, it claims.

The lawsuit says Lessard "suffered serious and severe personal injuries to her right hand."

Among the damages sought by Lessard are $200,000 for pain and suffering and $700,000 for lost income.

The total claim is for $1.15 million.

A statement of defence disputing the unproven allegations in Lessard's claim has not been filed.


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