The passenger injured himself as he fell from an aeroplane chair because of pre-existing injury.
Held: He had no claim under the Convention. The falling of a semi-paralysed person whilst he was trying to get to his feet to go to the lavatory did not constitute an accident. It had not been an ‘accident causing injury’ within the Convention. Leggatt LJ said: ”accident’ is not to be construed as including any injuries caused by the passenger’s particular, personal and peculiar reaction to the normal operation of the aircraft’ and ‘what befell Mr Chaudhari was not caused by any unexpected or unusual event external to him but, but by his own personal, particular and peculiar reaction to the normal operation of the aircraft. As the judge said, he fell as the result of his pre-existing medical condition’.
Times 07-May-1997,  EWCA Civ 1413, CCRTI 96/0229/G
Warsaw Convention for the Unification of Certain Rules regarding International Air Transport 1929 Art 17
England and Wales
Cited – Air France v Saks 1985
(United States Supreme Court) The claimant suffered damage to and become permanently deaf in one ear as a result of pressurisation changes while the aircraft descended to land. The pressure system had worked normally. The airline said that the . .
Cited – Deep Vein Thrombosis and Air Travel Group Litigation HL 8-Dec-2005
The appellants had suffered deep vein thrombosis whilst travelling on long haul air flights. The defendants said that their liability was limited because the injuries were not accidents.
Held: The claimants’ appeal failed. The definition of . .
Cited – Barclay v British Airways plc CC 27-Feb-2008
(Oxford County Court) The claimant slipped as she boarded an aircraft and sought damages for injuries to her knee. Her claim was brought under the Convention. The defendant denied that the injury occurred as the result of an accident, saying that an . .
These lists may be incomplete.
Updated: 21 April 2021; Ref: scu.78998