Potgieter v British Airways Plc (7154/03)
Potgieter v British Airways Plc (7154/03) [2005] ZAWCHC 5; 2005 (3) SA 133 (C) (25 January 2005)
The court held that the Warsaw Convention, as incorporated into South African law, provides the exclusive cause of action and sole remedy for passengers seeking damages arising out of international carriage by air. The Convention limits liability to cases of death, wounding, or bodily injury sustained on board the aircraft or during embarkation or disembarkation. Claims for humiliation, impairment of dignity, or psychological harm, absent bodily injury, are not sustainable under South African law in this context. The court found that the interpretation adopted by the UK House of Lords and the…
Source excerpt
- International Carriage By Air
- Warsaw Convention Exclusivity
- Bodily Injury Limitation
- Contractual Exclusion Clauses