Salih v Emirates (No 2) [2019] NSWDC 715

Salih v Emirates (No 2) [2019] NSWDC 715

The plaintiff proved that the overhead locker door landed on her thumb and caused a soft tissue injury, but did not prove that the door was defective or that it opened in any unusual or unexpected way. The court found that the locker door opened in the usual fashion and that injury caused by the usual, normal and expected operation of the aircraft was not an "accident" under Article 17.1 of the Montreal Convention. Because the plaintiff failed to establish an accident within the Convention, her claim failed and judgment was entered for the defendant.

Jurisdiction
Australia
Judgment Date
27 November 2019
Procedural Posture
Civil Personal Injury Claim Under the 1999 Montreal Convention Relating to International Carriage by Air / Principal Judgment After Hearing
Outcome
Judgment for the defendant.
Legal Topics
['montreal Convention Article 17 Accident' 'air Carrier Liability' 'contributory Negligence' 'causation of Injury' 'assessment of Damages' 'non Economic Loss' 'economic Loss' 'domestic Assistance']
['aviation Law' 'personal Injury' 'civil Liability' 'damages'] ['montreal Convention Article 17 Accident' 'air Carrier Liability' 'contributory Negligence' 'causation of Injury' 'assessment of Damages' 'non Economic Loss' 'economic Loss' 'domestic Assistance']

Case Brief

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Procedural Posture

Civil Personal Injury Claim Under the 1999 Montreal Convention Relating to International Carriage by Air / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the injury suffered by the plaintiff on 31 October 2016 was an "accident" within the meaning of the Montreal Convention 1999.' "Whether any damage or loss suffered by the plaintiff was caused or contributed to by the plaintiff's own negligence." 'The extent and duration of the injury suffered by the plaintiff as a result of the incident on 31 October 2016.' "Whether the plaintiff's right wrist, right arm and right shoulder complaints were caused by the incident." 'The quantum of damages if liability were established, including non-economic loss, out-of-pocket expenses, economic loss and future commercial domestic assistance.']

Ratio Decidendi

The plaintiff proved that the overhead locker door landed on her thumb and caused a soft tissue injury, but did not prove that the door was defective or that it opened in any unusual or unexpected way. The court found that the locker door opened in the usual fashion and that injury caused by the usual, normal and expected operation of the aircraft was not an "accident" under Article 17.1 of the Montreal Convention. Because the plaintiff failed to establish an accident within the Convention, her claim failed and judgment was entered for the defendant.

Court Disposition

Judgment for the defendant.

Orders

  • ['Judgment for the defendant.' "The plaintiff is to pay the defendant's costs as agreed or assessed." 'Any application to vary the costs order in (2) above should be made within 14 days.' 'Exhibits to be returned in 28 days.']