Liability

Michael Wukoschitz's picture

USA: Costa Concordia victims sue for USD 460 milion in Florida

Attorneys for six passengers of the Costa Concordia reportedly filed a law suit in Miami’s federal court  requesting USD 450 million in punitive damages and USD 10 million in compensatory damages. The complaint says plaintiffs were “in terror of catastrophic injury, death, drowning, having been placed in a situation where common sense said the vessel was sinking but the orders from the crew were to return to their cabins.”

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USA: New York law firms file class action against Costa

As reported by "Travel Weekly", New York-based personal-injury law firm Proner and Proner said it joined forces with Codacons, the Italian consumer-protection organization, in filing a class action against Costa Cruises. A second New York law firm, Napoli Bern Ripka Shkolnik, also will represent passengers in the class action.

Proner said that the suit will seek at least USD 160,000 for each passenger who was aboard the ship at the time of the Jan. 13 disaster near the Italian island of Giglio.

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Austria: tour organiser not liable for costs of extended stay caused by flight cancellation due to the ash cloud crisis

The plaintiff had booked a holiday package and spent her vacations in Gran Canaria in April 2010. Her return flight scheduled for April 17, 2010 had been cancelled because of the air space closures caused by the 'ash cloud'. Thus she had to stay in Gran Canaria until April 23, 2010 and bear the extra costs of this extend stay (mainly: hotel and telephone costs). Back home she sued the tour organiser for compensation. The appelate court (LG Innsbruck), however, dismissed the claim against the tour organiser.

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Germany: railway company liable for black ice accident on platform

About to take a train from Solingen to Dresden, the plaintiff who had already bought her ticket for the train ride slipped on the platform because of black ice and got injured. After a claim against the company which owns the station premises was dismissed because that company had assigned its duties to clear the platforms from snow and ice to a third company, the plaintiff filed a new law suit against the railway company.

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Austrian Supreme Court: no liability of the tour operator for rare injury caused by narrow seating in a coach

The plaintiff who had booked a coach tour package with the defendant tour operator sued for EUR 8.000 compensation for pain and suffering. He claimed that because of the narrow seating in the coach used by the defendant, as of the fourth day of the trip he had suffered pain from a lesion of the nerves in his left leg.

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European Council decides on accession of the European Union to the Athens Protocol

By decison of Dec. 12, 2011, the EU Council has approved the accession of the European Union to the Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 (‘Athens Protocol’), with the exception of Articles 10 and 11 thereof.

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Austria: Supreme Court decides on innkeeper's liability with regard to theft from hotel garage

As a hotel guest, the plaintiff - a professional photographer - had parked his car in the hotel garage. Several signs in the garage were saying

"The hotel does not accept any liablity with regard to cars parked here nor with regard to their content. Please deposit your valuables at the hotel reception".

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USA: man who helped to stop "underwear bomber" sues for USD 10 million

In a lawsuit filed in the U.S. District Court for the Southern District of New York on Dec. 21, Theophilus Maranga says he "risked his life" by jumping on the would-be bomber Umar Farouk Abdulmutallab, a Nigerian man who attempted to blow up a Detroit-bound flight from Amsterdam with a bomb stashed in his underwear. The lawsuit says Maranga lost a tooth and suffered injuries to his ribs, permanent numbness in his hands and a pain in his neck that hampers his movements.

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U.S. Court of Appeals: violation of a government regulation no prerequisite to a claim under Article 17 Montreal Convention

After entering her assigned row on Icelandair Flight No. 656, Elin Phifer bent over, placed two carry-on bags under the seat in front of hers, stood up, and struck her head on an overhead television monitor, which was extended in the down position. Phifer collapsed and was assisted to her seat by her husband and an Icelandair flight attendant.

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USA: airline's motion for summary judgement in trip and fall case denied

When the plaintiff made his way to join a line of passengers at the gate at Schiphol airport for boarding a KLM flight, he tripped over a low lying metal bar similar in color to the floor and fell.  The plaintiff alleged in his complaint that he sustained a fractured elbow as a result of the fall and that, under the Montreal Convention, KLM was liable for USD 3 million in damages.

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