Woman who sued Aer Lingus after falling while disembarking flight settles action

A woman who suffered a significant fracture to her foot when she fell while disembarking an Aer Lingus flight has settled a High Court action against the airline.

Deirdre Burke was getting off the Amsterdam EI 611 flight at Dublin Airport in September 2019 when she misplaced her foot, the court heard.

In the proceedings, it was claimed that the incident happened in almost total darkness and the mobile steps used to disembark were lower than the floor level of the plane.

On the second day of the hearing, Judge Paul Coffey was told the case had been settled. Liability was not contested in the case, which was before the court for assessment of damages only.

At the opening of the case, Burke’s counsel Damien Higgins, instructed by MacSweeney & Co Solicitors, told the court his client suffered a severe fracture to her ankle in the incident and later required open reduction surgery and to have a plate inserted.

Counsel said a 2021 X-ray showed arthritis in the area and Burke (66) continues to suffer pain. He said an expert witness on their side would say Burke has complex regional pain syndrome in her ankle.

“It has tarnished the golden years of her life,” counsel told the judge.

He said Burke is uncertain walking and has difficulty with heavy lifting, vacuuming, bringing clothes to the washing line and has to use a stick.

Burke, of Craughwell, Co Galway, had sued Aer Lingus Ltd over the incident.

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In the proceedings, it was claimed there was a failure to provide Burke with a safe means of disembarkation, and to warn her as to the excessively lower platform relative to the plane floor.

It was further claimed that Burke was required to disembark in near darkness and there was a failure to ensure the area was properly illuminated given that it was a dark and wet night.

It was also contended that there was a failure to ensure that the stairs were affixed or aligned with the plane in a proper and safe manner and flush to the exit.

It was claimed Burke suffered immediate pain and she was attended by a doctor, who was a passenger on the flight, before paramedics arrived.

She was brought to Beaumont Hospital, where an X-ray showed she had suffered a fracture-dislocation of her right ankle.