Injury during aborted landing

[k2neno]

On 26. Dec 2017 wizzair flight W6 4045 during aborted landing i have sufferd serious spinal injury. Wizzair didn't answer on any email or post sent from my or my lawyer side. I am asking for an opinion from members here. Any experiences in this kind of situations? Where can i get more informations about that flight? I got some flight data from flightaware.
Thanks!

[Bull at a Gate]

Ok, I’ll bite. How did you get a spinal injury from an aborted landing?

[rog747]

Originally Posted by Bull at a Gate

Ok, I’ll bite. How did you get a spinal injury from an aborted landing?

Hard bounce then a GA???

[Tray Surfer]

Just some thoughts...

Did you ask for medical attention immediately after the successful landing?

If not, then you may end up with a very long uphill battle to prove that any injury was sustained as part of the aborted landing, and they will likely argue that it was not reported at the time and your injury could have happened after your involvement with the airline ended.

Who did you report the injury to onboard or at the airport?

You should have a copy of the medical incident form or report that was given, or some sort of incident report reference from the initial point of report, which will be vital in tracing the details of the reported injury to the airline.

I hope you get the information and result you wish from this.

[DaveReidUK]

According to FR24, the aircraft did indeed go around at Beauvais. It's not really possible to tell from the data whether or not there was contact with the runway on the GA or, if there was, how hard.

The aircraft involved departed on the return flight an hour later, so it doesn't sound like any hard landing inspection was required.

[cooperplace]

if no hard landing inspection was needed, you can see why the airline would be sceptical of the spinal injury claim.

[k2neno]

Re:

Thanks for questions and comments.
i will try to explain more detailed that event. In a first landing attempt airplaine hit a runnaway just with a right main gear. I had a seat in a 12 row (a 320, 12c seat, 12 row, seat near corridor), appx 3 m from right main gear. I didn't seat 100% straight, body was leaning toward right side as a armrest is to low for me (i am 186 cm tall). Plane start to drift with a nose to the right side than after a seconds pilot pull the plane back in the air. in a moment of impact i felt a sharp pain in lower back and left glutes. Guy in a 13 row (on my back) was alone in a row , sleeping , laying on all 3 seats without safety belt. In a moment of impact he flew in the air up to headrests. Plane landed after second attempt. I didn't ask immediatley for medical help as a stress from a event covered level of pain. Next days pain start to be worse and i was send by my doctor to a MRI. Result L1 to S1, 5 discs injured, over 10 month on recovery and doctor say i will need another half year to fully recover.

[Alsacienne]

Rather late to be posting this after the initial incident .... what sort of time limit is allowed?

[k2neno]

Re:

[QUOTE=Alsacienne;10320051]Rather late to be posting this after the initial incident .... what sort of time limit is allowed?[/QUOT
24 months. Lawyer thought that we will come on a agreement with a carrier. He tried to contact Wizz several times through mails and post with no results. I was busy with recovery and I realise now that they don't have any intention to discuss that situation.

[Hotel Tango]

I realise now that they don't have any intention to discuss that situation.

Well, they will have to if your lawyers take the case to court. However, be sure that you have all the evidence to support your case. I'm no lawyer but you're going to find it a hard slog trying to prove the landing was heavy enough to injure 5 discs. Furthermore, you have already admitted that you were not sitting in your seat correctly. That may be used against you.

[Rwy in Sight]

HT;

I think there is no prescribed way to seat for a landing (although I have not step foot on a plane for over a year). However I find had to believe that the person sitting behind k2neno did not wear a seat belt.

[Hotel Tango]

RiS, agreed but my point was that his own statement could give them some amunition.

ut of curiosity, it may be interesting to know if pax on this forum adopt certain positions in their seat for take-off and landing? I ask because in fact I do sit snug into the seat and as straight as possible, with both feet (uncrossed) on the floor.

[Dan Dare]

I always sit looking forward with belt very tight for both take off and landing for just this reason. I expect I’m unusual in this though. I even place my feet such that I won’t be injured if we stop quickly. I also wonder how the brace position would work out for someone as tall as me.

Parts of the K2neo story do sound a bit tall though.

[dastocks]

Originally Posted by Dan Dare

I always sit looking forward with belt very tight for both take off and landing for just this reason. I expect I’m unusual in this though. I even place my feet such that I won’t be injured if we stop quickly. I also wonder how the brace position would work out for someone as tall as me.

Parts of the K2neo story do sound a bit tall though.

... and it will be necessary to show that the incident occurred as a result of negligence on the part of the handling crew rather than, for example, an unexpected gust or turbulence. On the evidence presented so far there was a) no damage to the aircraft and b) no injuries sustained by other passengers.

There are people around who will spend the rest of their lives in a wheelchair simply because they weren't wearing a seatbelt when the aircraft they were travelling on encountered severe turbulence whilst in the cruise. Even in such cases I think it's unlikely an airline would accept liability. This would be especially so if the airline can show that an injured passenger has chosen to ignore safety advice from the crew.

[stevef]

Quote: Guy in a 13 row (on my back) was alone in a row , sleeping , laying on all 3 seats without safety belt. In a moment of impact he flew in the air up to headrests..
Eh? Very lax cabin crew to let someone sleep across three seats on landing, never mind without being strapped in...

[RevMan2]

I'm with @Hotel Tango and @Dan Dare here. That's the position cabin crew take for departure and landing. Good enough for me....

[cooperplace]

Originally Posted by k2neno

Thanks for questions and comments.
i will try to explain more detailed that event. In a first landing attempt airplaine hit a runnaway just with a right main gear. I had a seat in a 12 row (a 320, 12c seat, 12 row, seat near corridor), appx 3 m from right main gear. I didn't seat 100% straight, body was leaning toward right side as a armrest is to low for me (i am 186 cm tall). Plane start to drift with a nose to the right side than after a seconds pilot pull the plane back in the air. in a moment of impact i felt a sharp pain in lower back and left glutes. Guy in a 13 row (on my back) was alone in a row , sleeping , laying on all 3 seats without safety belt. In a moment of impact he flew in the air up to headrests. Plane landed after second attempt. I didn't ask immediatley for medical help as a stress from a event covered level of pain. Next days pain start to be worse and i was send by my doctor to a MRI. Result L1 to S1, 5 discs injured, over 10 month on recovery and doctor say i will need another half year to fully recover.

if the plane didn't do a hard enough landing to need an inspection, it's v hard to see how your story can stand up.

[Hotel Tango]

but the main reason is that I frequently (twice a week, ~43 weeks a year) fly in an Embraer 145 whose oleos are seemingly filled with case-hardened granite and whose most gentle touchdowns can be observed on seismometers over a hundred miles away

LOL Yes, I noticed that about the EMB-145 too. The Dash-8 is not that far behind!

[k2neno]

Re:

Originally Posted by Rwy in Sight

HT;

I think there is no prescribed way to seat for a landing (although I have not step foot on a plane for over a year). However I find had to believe that the person sitting behind k2neno did not wear a seat belt.

The guy slept on all 3 seats until a hit. then he flew up to the headrests. When he fall back he wake up and trough window and saw the plane climbing. He lost orientation and ask where are we. For me was also very strange that the crew didn't saw that he is not in a position for landing.

[k2neno]

Re:

Originally Posted by Hotel Tango

Well, they will have to if your lawyers take the case to court. However, be sure that you have all the evidence to support your case. I'm no lawyer but you're going to find it a hard slog trying to prove the landing was heavy enough to injure 5 discs. Furthermore, you have already admitted that you were not sitting in your seat correctly. That may be used against you.

EU laws and MC 99 give a 24 months time frame for a legal action against the carrier. We found two witnesses which where on that flight. I am trying to find more passengers who were on that plane. I have collected all medical documentation. In January we want to present case to the court in France.