Share on LinkedInShare on LinkedIn

ARTICLE · 26 JANUARY 2006

DVT: No Accident Continued

When an airline passenger sustains bodily injury that is not caused by "accident" when on board an aircraft or in the operations of embarking/disembarking, he has no claim against the airline.

United KingdomTransport
Nicholas Hughes
Nicholas Hughes

When an airline passenger sustains bodily injury that is not caused by "accident" when on board an aircraft or in the operations of embarking/disembarking, he has no claim against the airline. That is the law most recently restated, in the DVT context, by the House of Lords in a unanimous judgment.

Eight DVT claims (out of what had been a large group) went to the House of Lords in the UK when two carriers agreed to reinstate litigation discontinued against them so that our highest court could consider the law. With first instance and appellant court judgments in England already secured and a firm trend established against liability in other jurisdictions, other carriers did not opt for a further hearing. Those that did undoubtedly had one eye on the United States and in the result all will likely be satisfied that their Lordships have not done more than uphold earlier judgments that dismissed the appeals. Importantly, they have also distinguished an awkward US Supreme Court decision

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from