Warsaw Convention
October 1st, 2021 by thesuper

DUTCH CASE LAW ON LIABILITY CARRIERS Dutch case law on claims passengers are few. This article will show instances of case law, the Netherlands – the Netherlands, both in Warsaw and Montreal Conventions on. The focus of this article is given to cases in which there have been a passenger bodily injury, death or its loss, damage, delay or destroy the cargo and passenger luggage. PERSONAL INJURY, Article 17 Warsaw Convention (1) The carrier is liable for damages suffered by a passenger in the event of death or personal injury only, provided that the accident which caused death or injury took place on board the aircraft or during other operations, or landing, or landing. In the case of "IPMA against airlines" Martinair "(August 28, 2003), IPMA passenger was injured when another passenger, trying to put your hand luggage on the baggage rack, dropped his suitcase on his head, neck and shoulders Ipmy. IPMA got off the plane and sued the airline "Martinair" for the damages bruises. The Court finds that the only connection between this occurrence and movement of "Martinair" is that this incident took place on board the aircraft, "Martinair". Taking into account the value, purpose and origin of Article 17 of the Warsaw Convention and Resolution EC 2027/97, the causal relationship should exist between the accident and operation of aircraft in order to prove an "accident" as is listed in Article 17.

The Court concluded that the airline "Martinair" shall not be liable for damages. Another passenger (X against the company, "Martinair", May 9, 1996) filed a lawsuit for compensation for injury to the back, neck, spine, which, he claims he received during a flight in turbulence on board aircraft "Martinair". The court decided that, if the passenger as a result of turbulence suffered such a strong movement of body parts, as a result of whiplash injury, it can be regarded as an accident in accordance with Article 17 of the Warsaw Convention.

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