Odpowiedzialność przewoźnika lotniczego w przypadku turbulencji na gruncie orzecznictwa amerykańskiego
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AIR CARRIER'S LIABILITY IN CASE OF TURBULENCES BASED ON AMERICAN JUDICIAL DECISIONS
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This article refers to the air carrier liability in the case of turbulence in the United States. When turbulence is domestic concern, all claims are tort claims governed by state common law. Turbulence is encountered in international flights as well. In this case, conventions for the unification of certain rules for international carriage by air apply (either, so called Warsaw Convention 1929 or Montreal Convention 1999 - 'Warsaw-Montreal system').To find an air carrier liable, the primary inquiry is to determine the particular form of turbulence in both systems. According to common law, passenger injured has to prove a negligence of carrier. Under international law, the carrier is liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the 'accident' which caused the damage so sustained took place on board the aircraft or in the course of any of the operations of embarking or disembarking. The judge has to determine whether turbulence is an 'accident' under the Convention.The article illustrates the differences between the common law and international regulations with jurisprudence examples.
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