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Australia: Supreme Cout of Queensland decides in 'cramped' air passenger case

The plaintiff, a general medical practitioner, claimed damages for personal injuries allegedly sustained whilst travelling on an international flight between Australia and the United States of America on 9 December 2008. He alledged that his seat did not fully recline and that the passengers seated in the row immediately in front of him kept their seats reclined the entire flight. In the leg room space that would otherwise have been fully available to the plaintiff below the seat immediately in front of him, there was positioned an audio-visual box occupying part of that space.

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IFTTA Law Review 3-2013 now available online

The IFTTA Law Review 3-2013 is now available in the members area of the IFTTA website. It includes an article by Paul Edelman on "The Athens Convention as applied in the United States and abroad to cruise line accident litigation", a report on IFTTA's 24th Conference in Prague by Klaus Tonner as well as court cases dealing with international iurisdiction in regard to hotel liability (USA) and air carrier liability according to the Montreal Convention (UK).

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UK: Court of Appeal decides in broken glass door case

The case relates to an accident suffered by the plaintiff when on holiday in Barbados in September 2008. She had gone onto the balcony of her hotel room to read a book, closing
behind her the sliding glass balcony doors. When the telephone in her room rang a short time later, she got up from her chair and made to go back to the room, but she walked into

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UK: Court of Appeal clarifies "accident" according to Article 17 of the Montreal Convention

 The plaintiff had a history of some gynaecological issues and she had been prone to recurrent symptoms suggestive of urinary infection, ie. cystitis. She had treated herself and had bought "over the counter" medication to take if she had an episode of it.  She had packed this medication in her main luggage before going on her flight from London Heathrow to Melbourne via Kuala Lumpur with the defandant carrier.  Before the plainitff boarded the aircraft she urinated normally at about 9pm.

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Australia: hotel not liable for security guard

The appellant was a patron at the respondent Hotel on the night of 4 July 2008. The manager on duty that night formed the view the appellant was intoxicated, and after speaking with the Hotel's licensee, instructed a security guard to remove her from the premises. He did so by pulling the stool on which the appellant was seated out from underneath her. The appellant fell to the floor and was injured. The security guard was employed by a company called "Checkmate".

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Canada: Federal Court of Appeal decides on exclusivity of Montreal Convention liabiliy rules

Pursusant to the Official Languages Act, Canadians have the right to communicate with federal institutions in either of the two official languages English and French. Air Canada is subject to this act and therefore must provide services in both official languages.

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Russia to become member of the Montreal Convention

On 12 February 2013, the Ministry of Transport of the Russian Federation published on its website the draft Federal Law on the Accession of the Russian Federation to the Convention for the Unification of Certain Rules for International Carriage by Air of 28 May 1999 ("Montreal Convention").

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Canada: passenger claim against government over implementation of safety management systems dismissed

Following the crash of a King Air 100 in which he was injured as a passenger, James Ratt brought a claim against a number of parties including the Candadian Minister of Transport and the Government on the grounds that their implementation of the safety management systems within the regime created by the Canadian Aviation Regulations created a lax regulatory environment that contributed to the circumstances of the crash. However, the court concluded that neither party owed the passenger a duty of care.

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Austrian Supreme Court decides on air carrier liability for checked baggage and exclusivity of the Montreal liability regime

The plaintiff's father was booked on a flight from Vienna to Istanbul, operated by the defendant. He intended to check two suitcases and keep a smaller bag as cabin luggage. Upon check-in the passenger was told that with regard to its size and weight the bag did not meet the requirements for cabin luggage. He was asked to open the bag and the airline staff at the check-in desk could see that it contained variuos documents, some jewellery, antiques and several spectacles.