Abstract
AbstractViruses can be found everywhere, they are part of the real life of humanity. Air travel is the youngest form of geographical movement, which has become an attainable reality for everyone at the expense of extraordinarily huge efforts and sacrifices. The two realities collided at the end of 2019 and then on 11 March 2020 via the declaration of COVID-19 to be a world pandemic changing the world as known. This paper introduces these two realities and researches their legal relations.Primarily, this paper seeks answers to the question whether pursuant to the Montreal Convention (1999) regulating the liability of the air carrier for damages an event or occurrence deriving from the disease or state of health of the passenger taking place during the operations of embarkation or disembarkation or on board the aircraft is deemed to be an accident. What extent of liability does the state of health of the passenger impose on the contracting parties pursuant to the rules of the Convention and according to legal practice?An answer is provided by unfolding the conceptual elements of accident via legal cases. This introduces the significance of the internal regulations of the air carrier; the situation of passengers in need of special care; examines the existence of medical certificates and deals with the responsibility of the crew for the treatment of acute situations deriving from the state of health of the passenger (heart attack, thrombosis, virus infection etc.)The answer is logical. Pursuant to the Convention, the event or occurrence deriving from the state of health of the passenger does not qualify as accident, consequently, the air carrier shall not liable. However, if in the facts of the concrete case a cause and effect relationship exists between the occurrence of the accident and the negligent conduct of the air carrier, the liability of the air carrier for damages can be established.The study introduces the system of conditions of the liability for damages in full detail, and the causal link producing an accident. The author makes recommendations for and outlines solutions in awareness that despite all real efforts, mankind has not learnt the lesson that the virus is in a winning position.
Highlights
Terrorist attacks generally incur injuries and death, but even in these grave cases the establishment of the liability of the air carrier does not always happen.45915A0 t the same time, if mental suffering or injury emerging during the flight entails bodily injury or organic damage and the causal relationship exists, the air carrier is liable for the emerged damages
In its ruling the court established that a heart attack does not fall under the conceptual scope of an accident, because it did not arise in relation to flying and the crew of the flight took all the necessary steps that can be expected in such a situation, the liability of the airline could not be established in the case
Nation states have adopted prompt rules related to the treatment of COVID-19, which many times essentially differ from each other, the question arises to what extent national law has a role in the establishment of the liability of the air carrier for damages
Summary
Several legal institutions protect the air carrier, but it is telling that the liability of the air carrier for damages may be established in a system of requirements in which at least 20 conjunctive conditions need to be fulfilled.23 In this complicated system, the present study seeks answer to the question whether pursuant to the Convention an event or occurrence deriving from the disease or the state of health of the passenger qualifies as an accident and according to the rules of the Convention and practice what responsibility the state of health of the air passenger imposes on the contracting parties
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