Attention All International Airlines and Flight Crews: Choosing Inaction Over Action No Longer Flies
By Paul Richter and David Rapoport
This 2004 article, published in Issues in Aviation Law and Policy, addresses post-Warsaw Convention cases involving injuries to passengers on international flights. The Warsaw definition of “accident” (and how liability could be attributed for such) originally worked to generally shield airlines from liability when the airline chose inaction over action in relation to passengers in distress. Through case law and interpretation, Mr. Richter and Mr. Rapoport discuss the evolution of the Warsaw definition of “accident” and further discuss how such evolution affects and will affect the airline industry.
Published 2004, CCH INCORPORATED. All Rights Reserved. Reprinted with permission from “Issues in Aviation Law and Policy.”