WARSAW CONVENTION CLAIMS ARISING FROM AIRLINE-PASSENGER VIOLENCE

Violence on board aircraft has been the number one security concern in the airline industry since at least 1997. Passengers have broken into cockpits, assaulted pilots, and fought for aircraft controls. More commonly, flight attendants and passengers are assaulted. If passengers are injured, the War...

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Bibliographic Details
Published in:UCLA journal of international law and foreign affairs 2001-01, Vol.6 (2), p.499-535
Main Author: Berkley, Blair J.
Format: Article
Language:English
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Summary:Violence on board aircraft has been the number one security concern in the airline industry since at least 1997. Passengers have broken into cockpits, assaulted pilots, and fought for aircraft controls. More commonly, flight attendants and passengers are assaulted. If passengers are injured, the Warsaw Convention provides an exclusive cause of action against airlines for injuries sustained in international air travel. To recover, plaintiffs must prove their injuries were caused by an "accident," defined as an unexpected or unusual event or happening that is external to the passenger. This Comment argues that passenger-on-passenger assaults are Warsaw Convention "accidents," allowing innocent assault victims to recover full compensatory damages from their carrier. Further, even disruptive and violent passengers could receive compensatory damages when they are killed or physically injured through false arrest or excessive force on international flights.
ISSN:1089-2605
2169-7833