THE SPREAD OF TUBERCULOSIS IN THE AIRCRAFT CABIN: ISSUES OF AIR CARRIER LIABILITY

When there is incontravertible evidence of a person contracting a disease, such as tuberculosis, as a result of being infected while in an aircraft, liability issues pertaining to the airline arising from the incident may involve principles of private air carrier liability. The Warsaw Convention of 1929 provides that the carrier is liable for damage sustained in the event of death, wounding, or any other bodily injury suffered by a passenger, if the accident causing the damage took place on board the aircraft or in the course of the operations of embarking/disembarking. On the face of the provision, the words "wounding" and "bodily injury" do not necessarily lend themselves to be associated with infection. This article discusses the intricacies and evaluates the principles of legal liability that may apply to air carriers with regard to passengers contracting tuberculosis while in their aircraft. The evaluation is made both under the common law principles of tort law and the liability principles contained in the Warsaw Convention.

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  • Corporate Authors:

    University of Denver College of Law

    Editor in Chief, 7039 E 18th Avenue
    Denver, CO  United States  80220
  • Authors:
    • Abeyratne, R I
  • Publication Date: 2000

Language

  • English

Media Info

Subject/Index Terms

Filing Info

  • Accession Number: 00791351
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Apr 6 2000 12:00AM