Liability

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.

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UK Supreme Court asks CJEU for clarification of package organiser liability for suppliers

In 2010 Mrs X and her husband entered into a contract with the tour operator Kuoni under which Kuoni agreed to provide a package holiday in Sri Lanka. In the early hours of 17 July 2010, Mrs X was making her way through the grounds of the hotel to the reception. She came upon a hotel employee, N, who was employed by the hotel as an electrician and (on the facts found by the judge) known to her as such. N was on duty and wearing the uniform of a member of the maintenance staff.

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IFTTA Law Review 3-2018 online

With a short delay, the last edition of the IFTTA Law Review 2018 is now available in the members area of the website. Prefaced by an editorial by Enrique Mota Flores, it contains articles on the liability of tourism intermediaries in Brazil (Rafael Viana) and the relation between European Passenger Rights and the Montreal Convention (Michael Wukoschitz).

Michael Wukoschitz's picture

Austrian Supreme Court: tour organiser can be liable for hotel accomodation provided by air carrier

The return flight of the plaintiff''s holiday package was cancelled and the air carrier rebooked the plaintiff for the following day. Complying with its respective obligation under Reg. (EC) 261/2004, the air carrier provided the plaintiff with hotel accomodation for the additional night. The plaintiff - a person of reduced mobility  - took a walk in the area close to the hotel where she tripped, fell down and was injured. She sued the tour organiser for compensation for pain and suffering.

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Germany: no State liability for missed flight after lengthy security check

The plaintiff and his familiy were booked on a flight from Germany to a destination outside the Schengen area. The flight was scheduled to depart at 04:55 and the boarding time was announced for 04:30. The plaintiff and his family arrived at the security check shortly before 04:00. The officer detected a suspiciuos object in the hand luggage of the plaintiff's wife. He informed his supervisor who ordered the hand bag to be screened several times. In addition, the plaintiff's wife was checked for traces of explosive materials.

Michael Wukoschitz's picture

German Supreme Court (BGH) decides on air carrier liability for passenger fall on boarding bridge

The claimant was about to embark for his flight from Düsseldorf to Hamburg on Feb. 9, 2013, when he slipped on the boarding bridge because of a wet floor caused by condensation. As a result he suffered from a fracture of his patella. He filed a claim for damages against the defendant air carrier. The first instance court (LG Düsseldorf) dismissed the claim and the appelate court (OLG Düsseldorf) confirmed this decision: according to the Montral Convention, the air carrier was only libale for accidents caused by a hazard which was characteristic for aviation.

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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.

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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.

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Australia: hotel occupier liable for fall at raised timber platform in the lobby

Shortly before midday on 19 June 2009 the plaintiff tripped over the corner of a raised timber platform in the lobby area of the Manly Pacific Hotel. As a result he suffered injuries to his neck, right shoulder and back. That relatively dark timber platform was a permanent structure in the hotel lobby and was positioned to the right side of the walkway to the main bar area, the entrance to which was on the left hand side of the foyer area. It was rectangular in shape – 1770 mm wide, 2625 mm long and 151 mm in height.

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IFTTA Law Review 1-2017 now online

The IFTTA Law Review 1-2017 contains a Message of the President by Marc McDonald, an article on hotel liabilty in personals injury cases by Arie Odinocki, George Nathanael and Hilary Wise and a report on the 6th IFTTA North America Conference by Doug Crozier. It is now available as pdf in the members area of the website.

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