British Airways has acknowledged the incident but rejects the scale of damages being sought. Photo credit: 1000 words/Shutterstock
A 61-year-old Essex businessman is pursuing legal action against British Airways after suffering finger lacerations caused by a concealed sharp object in his aircraft seat during a flight from London Heathrow to Cincinnati in September 2023. He is seeking damages exceeding £50,000.
The claimant, Andrew Chesterton, formerly chief operating officer at financial services firm Bravura Solutions, was travelling to the United States for a holiday when the incident occurred. Court documents state that he reached between his seat, when his left hand came into contact with an unseen sharp object embedded in the fold of the seat.
The claim states that the object caused cuts to his left ring finger and left little finger. Cabin crew reportedly assisted him during the remainder of the flight by helping to manage bleeding and providing immediate care. He experienced pain and shock at the time of the injury.
Medical treatment and recovery
Upon landing in Cincinnati, emergency services transported Chesterton to hospital. Medical staff cleaned the wounds and closed them with a total of 11 stitches. His ring finger remained uncomfortable and hypersensitive for approximately five months following the injury. The wound to his little finger later became infected, requiring antibiotic treatment.
Court evidence also sets out scarring on both fingers, with measurements reported as 15mm on the ring finger and 18mm on the little finger. The claimant underwent five sessions of physiotherapy in an attempt to manage ongoing symptoms. The claim states that he experienced reduced grip strength, stiffness and continued sensitivity in the affected hand, which he argues has had a lasting impact on his ability to perform certain tasks, including lifting and carrying objects.
He also reported being unable to drive for around two months following the incident, which affected his daily routine and mobility.
Psychological impact and ongoing symptoms
The legal claim includes allegations of psychological harm arising from the incident. Chesterton states that he experienced anxiety in social situations following the injury, avoiding events such as sports matches and concerts due to concerns about further impact on his hand. He also reports recurring flashbacks to the incident and difficulties with sleep. According to court documents, he was prescribed sleeping tablets in late October 2023 after developing nightmares linked to the event.
The claim argues that these psychological effects formed part of the wider consequences of the accident and continued for several months after the physical injury occurred.
Legal basis of the claim
Chesterton is bringing the case under the Montreal Convention, which governs liability for injuries sustained by passengers on international flights. His barrister argues that British Airways is strictly liable for the accident, as it occurred on board an aircraft during international travel.
The legal claim states that damages should be assessed under this framework, covering both physical injury and associated consequences. The dispute between the parties centres on whether the psychological injuries claimed by Chesterton are recoverable under Article 17(1) of the Convention, which allows compensation for bodily injury.
British Airways’ position
British Airways has admitted that an accident occurred on board the aircraft but is challenging the extent of the damages being claimed. The airline states that the claimant must prove the full scope of his injuries and their direct link to the incident.
In its defence, the airline also contests liability for alleged psychological harm, arguing that such claims may not be recoverable under the Montreal Convention’s provisions relating to bodily injury. The airline does not accept responsibility for the full level of compensation sought and is disputing the scale and duration of the alleged ongoing effects.
Court proceedings and next steps
The case will proceed to a full assessment of damages unless a settlement is reached between the parties. The court will consider medical evidence, witness statements, and expert reports relating to both physical and psychological aspects of the claim.
Judicial consideration will also focus on whether the claimed psychological effects fall within the scope of recoverable damages under international aviation law. The outcome will determine the level of compensation, if any, to be awarded to Chesterton in relation to the incident.
