Monday, September 16, 2024

British Airways passenger who suffered brain damage after slipping on spilt Baileys at Heathrow while carrying a tray of Starbucks coffees wins £4MILLION payout

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A Swiss executive whose love for ‘proper coffee’ meant he slipped in a puddle of Baileys has won £4million after a legal dispute against British Airways

Andreas Wuchner was rushing for a flight home to Zurich from Heathrow Airport in November 2017, when he had a sudden urge for latte macchiatos from Starbucks. 

Balancing a tray of espressos and two latte macchiatos, he did not see the alcohol on the floor and slipped over hitting his head causing brain damage. 

He sued BA claiming they were at fault for not putting out a floor covering or signage warning him of the spill. 

Andreas Wuchner sued British Airways for compensation after slipping in a puddle of Baileys 

At the Central London County Court, Judge David Saunders ruled partially in favour of the then 35-year-old, but added as Mr Wuchner was rushing, he could not award the full amount because in part he should have been more careful. 

The judge said he was only able to entitle Mr Wuchner to 80 per cent of the compensation claim, which BA still contests. 

The figure Mr Wuchner will be awarded is yet to be settled between himself and BA and may require another court hearing if no agreement is reached. 

The court heard that BA hotly contests Mr Wuchner’s £5million valuation of his claim, denying that the injuries he sustained ruined his business and left him unable to work. 

In evidence Mr Wuchner said: ‘I really enjoy a proper coffee out of a coffee machine, rather than the normal airport coffee, which is why I went to Starbucks.

‘I went as quickly as possible to the boarding gate, bearing in mind I had four coffees in my hand.

‘I was told I went two metres in the air, that’s what was said to me.’

Mr Wuchner arriving at the Central London County Court

Mr Wuchner arriving at the Central London County Court  

Judge Saunders said he found it ‘unusual that no immediate steps were taken by anyone from BA to prevent an accident’.

But he also added: ‘It is likely, and I accept that BA has demonstrated this, that he has not taken as much care as he should reasonably have been expected to.’

Previously Mr Wuchner was awarded £130,000 in the same claim against BA by Judge Simon Monty in February 2021. 

The judge allowed Mr Wuchner’s lawyers to sue for more should they wish to and in April of this year they sued again – this time claiming for £5million in compensation. 

Heathrow Airport, where Mr Wuchner slipped in the Baileys causing him brain injuries

Heathrow Airport, where Mr Wuchner slipped in the Baileys causing him brain injuries 

Mr Wuchner argued the injury he suffered means he is unable to work again and he was forced to close his office supplies company. 

The court heard he suffers from headaches which can last up to two weeks and struggles with forgetfulness. 

Before the accident, the businessman had spent the day with contacts and enjoying an evening in a lounge at Wembley Stadium. 

He had already missed one flight due to traffic and rebooked, but told the judge that, due to long security queues, he and his business partner were the last to the boarding gate. 

It was with 15 minutes to spare before the flight took off that he fell in the Baileys having gone to get coffee. 

Judge Saunders ruled: ‘Hindsight is a wonderful thing, but it was probably not the best decision that he has ever made, and one that he now surely regrets.

But finding BA mostly to blame, he continued: ‘I have found that it was within the gift of BA’s employees to ensure that the area was safe, and that they should have done this to satisfy passenger safety.’

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