IrelandThe airline damaged my wheelchair. Who compensates?
Under Irish law, the airline is liable for damage to your wheelchair during carriage, and you are entitled to compensation under the Air Navigation and Transport Act 1936.
What the Law Says
The Air Navigation and Transport Act 1936 governs liability for damage to passengers’ property—including wheelchairs—during air travel in Ireland.
Section 5 of the Air Navigation and Transport Act 1936 imposes strict liability on airlines for damage to baggage or personal property carried with the passenger during the period of carriage. This includes wheelchairs, whether checked or carried on board, as they are essential mobility aids and treated as part of the passenger’s necessary equipment.
The law applies to all flights departing from, arriving in, or transiting through Ireland operated by licensed carriers. The airline cannot avoid liability by claiming lack of fault — it is responsible for damage occurring during the 'period of carriage', which begins when the item is handed over to the carrier and ends when it is returned to the passenger.
Statutory TextEvery airline shall be liable for damage sustained in the event of the destruction or loss of, or of damage to, any registered baggage or cargo, if the occurrence which caused the damage so sustained took place during the carriage by air.
— Air Navigation and Transport Act 1936, s. 5 — Liability for damage to baggage or cargo
What to Do
Report the damage to the airline immediately at the airport — before leaving the baggage claim or assistance area.
Request a Property Irregularity Report (PIR) and keep a copy.
Submit a formal written claim to the airline within 7 days for damaged wheelchairs (strongly recommended, though no statutory deadline is set in the 1936 Act).
Include photos, repair estimates or replacement quotes, and proof of ownership or value.
If the airline refuses or underpays, escalate to the Commission for Aviation Regulation (now part of the Road Safety Authority) or consider small claims court.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.