June, 2022
aviation
Liability of air carriers for death or injury sustained by passengers. The Court of Justice rules on the concept of “damage suffered caused or contributed to by the negligence or other wrongful act or omission of that injured passenger”
Where an accident, which caused damage to a passenger, consists of his/her fall, for no ascertainable reason, on a mobile stairway set up for the disembarkation of the passengers of an aircraft, the air carrier concerned may be exonerated from its liability towards that passenger only to the extent that, taking account of all the circumstances in which that damage occurred, it proves, in accordance with the applicable national rules and subject to the observance of the principles of equivalence and effectiveness, that the damage suffered by that passenger was caused or contributed to by the negligence or other wrongful act or omission of that passenger