Originally published by Lloyd's List - 13 February 2003
Courts are still grappling with the liability issues raised by injury claims, writes Anthony Frances
Although the dangers of "economy class syndrome" or DVT (deep vein thrombosis) are well documented, many airline passengers may be unaware that their travel insurance policies will probably not cover this condition at present.
Furthermore, recent court cases held in the UK and abroad suggest that carriers may not be held liable in the event of a DVT-related injury or death.
The central issue that has been considered by the courts is whether DVT is a claim that can be brought under the Warsaw Convention 1929 (as amended), which is the exclusive international liability regime for claims made against carriers. If DVT does not fall under the Warsaw Convention and therefore there is no basis to claim, the second issue is whether travel insurance cover would protect passengers. Consideration of the recent cases makes the
