Chaos at Schiphol and other European airports is the news of the day, especially with the holidays approaching for many. Enormously long queues, people missing their flights, suitcases getting lost. No fun starting your holiday like this.

A case was published in June this year showing that baggage workers at KLM are having a tough time.
A baggage worker sustained injuries. Loading luggage had to be done through an open hatch at the front of the aircraft. No aids, such as a trolley, stairs and/or so-called ramp snake were available. As no aids were available, the employee jumped into the hold himself by placing his hands in the cargo hold, supporting himself on the bottom of the hold and jumping. Entering the hold in this manner was apparently common among KLM employees if no aids were available. When jumping, the employee struck the door edge with his arm and then landed with his face on the door edge, sustaining serious injuries. KLM was held liable on behalf of the employee.

The question of whether KLM, as employer, was liable for the baggage employee's injury was submitted in partial dispute proceedings. The court considered it significant that in order to perform his duties, the employee had to enter the loading area. Furthermore, it had not been established that the supervisor - who was present at the scene - had warned the employee and/or offered him to ‘put his foot down’. KLM could therefore not prove that it had complied with its duty of care. Under Section 7:658 of the Civil Code, KLM is liable for the baggage employee's personal injury.

Not only work pressure is a problem at KLM, but apparently also the lack of work materials and instructions. In my view, the judge correctly concluded that KLM had breached its duty of care.

You can read the entire ruling here:

https://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:RBAMS:2022:2727

Ms D.M.H. Rademakers

Pennino Lawyers