September 2017

Michael Wukoschitz's picture

U.S. Court: mental anguish compensable under Montreal Convention if it results from an accident that also caused bodily injury

Plaintiff Jane Doe and her eleven-year-old daughter flew aboard Etihad Airways from Abu Dhabi to Chicago. When she stuck her hand into the seat pocket in front of her, she was unexpectedly pricked by a hypodermic needle that lay hidden within. The needle drew blood from her finger.  Doe was prescribed medication for possible exposure to hepatitis, tetanus, and HIV, and she underwent several rounds of testing over the following year. Thankfully for Doe, all the tests came back negative.

Michael Wukoschitz's picture

CJEU: airline crew members can sue their employer at their "home base"

Ryanair and Crew link are companies established in Ireland. Ryanair is active in the international passenger air transport sector. Crewlink is specialised in the recruitment and training of cabin crew for airlines. Between 2009 and 2011, employees of Portuguese, Spanish and Belgian nationality were hired by Ryanair or by Crewlink, then assigned to Ryanair, as cabin crew (air hostesses and stewards ).

Michael Wukoschitz's picture

Austrian Supreme Court: sporting operator not liable for banana boat accident

In August 2013, the plaintiff who spent his holidays at an Austrian lake booked a "banana boat ride" operated by the defendant. Before mounting the "banana", the participants were instructed that the banana was likely to capsize and they should cling on tight.  During the ride which was operated in an accurate manner and at reasonable speed the banana, indeed, capsized and the plaintiff was seriously injured on his head probably because he collided with another passenger's body.

Marc Mc Donald's picture

Irish High Court decides against hill-walker injured in fall on boardwalk on mountain slope

The hill-walker fell on a dry day when one foot struck the lip of a hole in a wooden ex-railway sleeper laid as part of a boardwalk in a mountain area of scenic and habitat importance. This caused her to fall forward and her right knee hit raised u-nails hammered into the sleeper and deliberately proud of the surface to prevent slipping in wet conditions. The hole in the sleeper was not wider than her walking boot and resulted from exposure in the open and use over time.

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