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Old 25th Jan 2002, 03:12
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LANDMARK COURT DECISION

Passenger gets compensation for cramped seat on plane

A businessman's victory after suffering from distress on an eight-hour flight could pave the way for millions of similar claims

LONDON - A court ruling awarding £500 compensation to an airline passenger for being cramped has opened the way for millions of other long-haul travellers to make similar claims.

Businessman Brian Horan, 56, was an economy-class passenger on an eight-hour flight from Britain to Canada.

He told a court in Macclesfield, Cheshire he had to tuck up his knees because the seat in front was too close.

Eating and reading was difficult and sleeping impossible.

He said he suffered distress and discomfort because of the cramped seating on the British Airtours Boeing 767 jet.

Mr Horan, managing director of a storage company, said he had severe pain in his legs because of the tight seating.

He had a medical check-up after landing but was not found to be suffering from deep-vein thrombosis (DVT), also known as economy-class syndrome.

Judge Andrew Wallace said on Wednesday: 'I am satisfied that Mr Horan suffered quite considerable discomfort as a result of the cramped conditions in the cabin.

'I accept there may well be considerable commercial ramifications following this case.'

The judgment and the award of compensation could lead to a flood of similar claims from other economy-class passengers, experts believe.

Dr Farrol Khan of the Aviation Health Institute said: 'The judge is right, there will be ramifications from this case.

'Hundreds of thousands of other passengers may make similar claims, or airlines will be forced to provide more space in economy class.'

The Air Passengers Group also charged that some airlines were cramming so many seats into the cheaper cabins, especially on long-haul flights, that economy class was being referred to as 'cattle class'.

Cramped conditions also increased the risk of DVT.

'If my win makes airlines provide more space for passengers, I will be very happy,' said Mr Horan.

'There are very few flights which have every seat in economy class booked, especially since the Sept 11 terrorist airline hijackings.

'It is time for airlines to remove a couple of rows, which would make all the difference.'