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ARTICLE · 13 NOVEMBER 2019

In-flight dehydration not an accident entitling compensation under Montreal Convention 1999

Emirates found not liable for injuries of thirsty passenger.

AustraliaLitigation, Mediation & Arbitration

In brief - Emirates found not liable for thirsty passenger's injuries

A plaintiff who fainted fracturing her right ankle in the fall on an Emirates flight from Melbourne to Dubai, which she claimed was caused by the airline's failure to provide water after four requests, has failed in her claim for compensation.

Delays in water delivery

In Di Falco v Emirates (No 2) [2019] VSC 654, the plaintiff gave evidence that she had been required to dispose of a bottle of water prior to boarding the flight. She made two requests before the flight took off to an attendant, a third request after the meal service, and a fourth request during the collection of the meal plates.

The airline's evidence was that the first two requests made during the boarding and pre flight period were responded to by the attendant first saying that water would be served with the meal service, and on the second occasion that the food would be delivered "shortly". The requests made during the

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