Passengers on air flights who had suffered deep vein thrombosis through inactivity whilst travelling sought damages.
Held: The claim in its nature was for something unrelated to any particular event. The word ‘accident’ necessitated some sort of event, an ‘unexpected or unusual event or happening that is external to the passenger’ and a failure to warn of the danger could not itself be an accident. The Convention provided the exclusive jurisdiction for claims against carriers. The claim failed.
Judges:
Phillips of Worth Matravers MR, Judg, Kay LJJ
Citations:
Times 14-Jul-2003, Gazette 18-Sep-2003
Statutes:
Warsaw Convention on International Carriage by Air 1929 17
Jurisdiction:
England and Wales
Citing:
Appeal from – In re Deep Vein Thrombosis and Air Travel Group Litigation QBD 20-Dec-2002
The claimants claimed to have suffered deep vein thrombosis having been sat in cramped conditions for long periods whilst travelling by air. They sought compensation, saying that the failure by the airlines to warn them and take steps to minimise . .
See Also – Deep Vein Thrombosis and Air Travel Group Litigation, Re CA 3-Jul-2002
Group litigation between the appellant passengers and the respondent carriers. Most of the passengers allege that they have suffered deep vein thrombosis leading to serious injury, as a result of travelling in the carriers’ aircraft. In some . .
Cited by:
Appeal from – 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 . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Transport
Updated: 10 June 2022; Ref: scu.184545