Qatar Airways’ lawsuit questions safety of airstairs after passenger’s horrific fall

An elderly Australian man has filed a lawsuit claiming he was injured after falling down ‘steep’ airstairs while disembarking a Qatar Airways flight.

Qatar Airways is being sued by an elderly Australian man who took a tumble on a set of airstairs at Hamad International Airport in Doha, resulting in head, neck, arm and leg injuries.

James Ferguson was 75, when he was directed to disembark a Boeing 777-300ER after a flight from Manila via the airstairs at about 10.30pm on July 29, 2022.

Documents filed in the Federal Court by Marque Lawyers, said Mr Ferguson had just travelled for nine hours on the aircraft, the stairs were steep and he was not offered any assistance.

“Mr Ferguson found it difficult t see and descend the stairs and midway down, approximately ten steps from the tarmac, he fell down the stairs and onto the tarmac, hitting his head on the tarmac,” said the statement of claim.

“He was taken by ambulance to Hamad Medical Corporation Main Hospital with a laceration to the right side of his head and a displaced right clavicle.”

He also suffered pain to the right shoulder, ribs and right knee and had bruising to his right arm, chest, abdomen and hip which was already visible, the documents said.

Despite the extent of his injures, he was discharged the next day and his flight to Scotland rescheduled to July 31.

After arriving in Edinburgh, Mr Ferguson sought further medical advice and underwent X-rays in England before returning home to Melbourne.

Since then, he had undergone three separate surgeries to his clavicle, including placement of a metal plate and bone graft, and further reinforcement in June last year.

The documents noted Mr Ferguson, now 77, could no longer walk long distances or drive for longer than hour; he needed help to put on shoes and socks and open bottles, and had only 15 per cent of movement in his right arm.

“He is in near constant pain, is tired but has trouble sleeping, suffers from impaired vision and loses his balance, none of which he experienced prior to the incident,” said the claim.

Under the Montreal Convention, airlines are liable for damages when passengers are killed or injured in the course of a flight, or while embarking or disembarking an aircraft.

Marque Lawyers did not specify what damages Mr Ferguson was seeking, but under the convention he could qualify for up to $261,548.

Passengers disembarking a Qatar Airways’ flight via airstairs in Male. Picture: Ahmed Shurau/AFP

The matter will be heard in the Federal Court on August 26, with Qatar Airways expected to be directed to file a defence after that.

Worldwide, cases of passengers falling down airstairs have met with mixed results.

In the US, a woman who sued British Airways after falling lost her case when the judge found her injury was not caused by an unexpected or unusual event, and therefore did not constitute an “accident” under the convention.

However in Spain, Ryanair was ordered to pay a passenger $56,444 after the woman fell down airstairs in Seville in February 2020.

Qatar Airways was also the subject of another lawsuit brought by Marque Lawyers on behalf of five Australian women who were subject to humiliating and invasive internal examinations at Doha in October 2020.

In April Federal Court judge John Halley found the women’s case had no grounds under the Montreal Convention, because the examinations did not take place on an aircraft or in the course of embarking or disembarking.

Marque Lawyers has lodged an appeal, which will be heard over two days in November.

Qatar Airways was denied an extension to its bilateral air rights in Australia last year with Transport Minister Catherine King citing the women’s case as one of the reasons for her refusal.

The airline has since reapplied, and is also believed to be seeking a stake in Virgin Australia.