Airlines owe a legal duty of care for the safety of their passengers.
Not only do airlines promote safe travel, but by international law they must make sure the passenger is kept safe from personal injury or even death.
The international law is called the Montreal Convention. It says that if a passenger is injured because of an accident on board (or boarding or leaving) an aircraft, then the airline is legally responsible. The passenger does not need to prove it was the airline’s fault. They only need to prove the accident happened.
But how far does the definition of ‘injury’ stretch?
A recent decision of the Federal Court of Australia has set the boundaries.
The passengers claimed they suffered stomach cramps, nausea, diarrhoea and other health conditions after drinking a cup of water, which was tainted by a perfume used as a deodoriser in the lavatory of the plane. They claimed $25,000 compensation for their pain and suffering.
The Court was not convinced. It said that these health conditions were not injuries. It was just like catching a cold on an aircraft, which is an inconvenience, not an injury. There was no medical evidence of damage to an organ in the body. The claim was dismissed.
It’s a different story if there is a physical injury caused by a bag falling from an overhead locker, a slippery floor or a wonky seat. The airline is responsible to pay compensation.
For more on the Federal Court decision click: