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Warsaw Convention in the ourt Systems - Article Example

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The paper “Warsaw Convention in the Сourt Systems” seeks to evaluate the Warsaw Convention that was signed in 1929 and put into place rules and regulations that would help to guide international airline travel for passengers, luggage, and cargo…
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Warsaw Convention in the ourt Systems
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Download file to see previous pages While the Warsaw Convention intended to identify and define what constituted an accident, it has been left to the courts to legally define the term and assess damages according to that definition. While the Warsaw Convention intended to identify and define what constituted an accident, it has been left to the courts to legally define the term and assess damages according to that definition. In order to prove that an incident is an accident under Article 17, the claimant must prove that the damages that were suffered were due to an incident that happened during or between the time of boarding and disembarking the plane. The injuries must have been obtained as a result of the accident, but not have caused the accident. As well, the incident must have occurred as an external event, rather than an internal event within the passenger. One of the biggest issues that are ignored by the convention is in the need to give explanations for how an accident can be defined. This has created plenty of issues in the court as this term has had to be redefined through many different cases as they were heard in the court systems. As in the example of Air France v Saks (1985), the passenger felt a severe pressure and pain stemming from her left ear and as a result suffered permanent deafness. The claim was made that the pressurization system had not been maintained properly, thus creating liability for the airline. The resulting hearing issues would not be resolved and she would have permanent damage.  The case was presented as an accident under Article 17. It was not termed as an accident in the District Court, but this was overturned in the Ninth Circuit when it was appealed because it was determined that a malfunction or abnormal operation of the plane was not a determining factor in the liability for which the airline might be held, but that the event that caused the injury occurred between the time the passenger boarded the plane and when the passenger got off the plane, therefore making the airline liable. The decision was eventually turned down when the Supreme Court handed down a determination that there was a decided difference between an accident and an occurrence.  ...Download file to see next pagesRead More
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