October 2019

Michael Wukoschitz's picture

Australian Court: air carrier not liable under Montreal for faint on board the aircraft

The plaintiff was a passenger on Emirates Flight EK 407 from Melbourne to Dubai departing Melbourne on the evening of 15 March 2015. Some hours into the flight, feeling nauseous shortly after the first meal service, she got up from her seat to go to the bathroom. At the bathroom doorway she fainted, fracturing her right ankle in the fall. She says that the reason for her faint was that she was dehydrated. Although she had asked for water on the plane it had not been provided. She sued the defendant seeking damages for her injuries.