What is a technical failure?
Any type of error or malfunction that prevents the correct operation of the aircraft and, therefore, for safety reasons, prevents its use. These failures can vary, such as a flat tire, an engine problem, malfunction of the air conditioning, or a failure in one of the wings.
There are two cases to consider when a technical failure occurs:
Technical failure before the flight:
A pre-flight technical failure that causes a delay of more than three hours or a cancellation of the flight will be subject to a claim, as the airline’s obligation is to maintain all its fleet’s aircraft in perfect working order. Technical failures or technical reasons can be claimed.
Technical failure during the flight:
In this case, after conducting various relevant checks and ensuring the proper functioning of all systems. If a failure occurs during the flight, the pilot, following safety protocols, has the authority to land the aircraft for emergency reasons. This protocol may make a claim impossible in some cases, as, after passing appropriate checks, the pilot prioritizes the safety of passengers. The possibility of claiming for the technical problem depends on whether the failure could have been avoided and whether safety protocols were followed to prevent its occurrence.
How should I claim for a technical failure or defect?
At Lexority, we can handle your claim for a technical failure, where an experienced lawyer will review your case without commitment and assess whether the claim is appropriate or not.
