|
|
Article: An Aircraft Step 'Accident' - Air Link Pty Ltd V Paterson [2009] NSWCA 251.
- Article from:
- Mondaq Business Briefing
- Article date:
- September 12, 2009
CopyrightCOPYRIGHT 2009 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
|
The NSW Court of Appeal decision of Air Link Pty Ltd v Paterson considered the meaning of 'accident' in the context of injuries suffered by a passenger when alighting from an aircraft, following a domestic flight.
The decision provides insight into the level of proof that is required to establish the existence of an 'accident' under the Civil Aviation (Carriers' Liability) Act 1959 (Cth) (Carriers' Liability Act) and Article 17 of the Unification of Certain Rules Relating to International Transportation (Warsaw Convention). It also provides a helpful discussion of the meaning of the term 'accident', based on international jurisprudence.
The facts The ...