Liability

Michael Wukoschitz's picture

USA: local tolling rules do not apply to the limitation period of the Montreal Convention

In Duay v. Continental Airlines, Inc. (S.D. Tex. Dec. 21, 2010) the plaintiff, a Swiss citizen, when arriving in Texas on a Continental flight from Switzerland on December 2, 2007 discovered that his custom-fitted wheelchair had been damaged. He was provided with a replacement wheelchair which he claims did not fit his body properly and caused him skin irritation. On December 17, 2007, after having returned to Switzerland, the plaintiff attended a doctor’s appointment.

Michael Wukoschitz's picture

Germany: no liability for copyright infringements by hotel guests through WLAN conncetion

A hotel owner who provides his guests with internet access through a customarily secure and encrypted WLAN connection has no liabilty if the guests or third persons use the internet connection for copyright infringements, a German court recently decided: there is no obligation to examination on behalf of the hotel owner. (LG Frankfurt/Main 18.08.2010, 2-6 S 19/09).


Michael Wukoschitz's picture

USA: airline not liable for accident at TSA security control

Plaintiff went with her son to the American Airlines terminal at JFK airport, New York, to take a flight to the Dominican Republic. After she checked her baggage she went to the security checkpoint.  She presented her passport to a TSA employee at the checkpoint, but before going through the metal detector, plaintiff tripped over the upturned corner of a rug and fell forward, her arms, forehead and knees striking the floor.  After the fall, American employees and TSA personnel helped her into a chair, rolled up the rug and put it in a corner.

Michael Wukoschitz's picture

USA: Air France fined for unlawful baggage liability disclaimer

Air France agreed to pay a $100,000 penalty to the Department of Transportation (DOT) for improperly advising passengers that it was not responsible for valuable or fragile items in checked baggage. The disclaimer was in claer contradiction to the Montreal Convention, which prohibits airlines from denying liability for "any class or category" or items in checked baggage on international flights.

Michael Wukoschitz's picture

France: Continental liable for Concorde crash

A French court ruled on Monday, that the Concorde crash of July 25, 2000 which left 113 passengers dead was partially caused by criminal negligence of Continental and a mechanic who works for the company. Both were found guilty of involuntary manslaughter.The French judge also found aircraft manufacturer EADS partly responsible for the crash. Air France welcomed the decision.

Source: Travel Weekly; find article here>>.

Michael Wukoschitz's picture

German Supreme Court: tour organizer can be liable for delayed train to airport in "Rail & Fly" packages

Plaintiff had booked a package with "Meier's Weltreisen". The package included air transport from Düsseldorf to the Dominican Republic and vice versa, hotel accomodation and all inclusive board. With regard to getting to the airport, plaintiff chose to book a rail ticket offered by Meier's Weltreisen in connection with the package, promoted "to avoid stress and traffic jams". Meier's Weltreisen recommended to choose a train connection which arrives at the airport at least 2 hrs before scheduled departure. Plaintiff's flight was scheduled for departure at 11:15.

Michael Wukoschitz's picture

USA: DOT fines El Al for violating baggage-liability rules

Upon a complaint by a consumer, the U.S. Department of Transportation (DOT) found that El Al denied all liability for the loss, damage or delayed delivery of certain items in checked baggage in international transportation, including fragile items, cameras "or other valuables."

John Downes's picture

England: Occupiers' Liability Act

Tysall Ltd v Snowdrome, 28 July 2006.

T was injured on S’s premises whilst tobogganing. T set off sequentially with four others from the top of the slope. 50 metres down the slope there was a bend where one had to change direction and perform a 90 degree left hand turn. T’s toboggan struck the outside barrier and she fell off. She was struck by one of the four that were following her and she sustained injuries to her left ankle and thigh.

John Downes's picture

England: Travel Agent's Duty of Care

Crosby v Fleetwood Travel [2007] CLYB 2127

Michael Wukoschitz's picture

No tour operator liability for an accident

No tour operator liability for an accident of a two year old boy who slipped through the banisters of the hotel stairs: in a recent decision Austria's Supreme Court confirmed judgements of lower instance courts who both had dismissed a claim for compensation for pain and suffering based on the allegation that the tour operator had not provided sufficient security for children. Supreme court held that an advertisement emphasising favorable family rates would not justify increased expectations in regard to child security. Contractual safeguard obligations must not be overdrawn.

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