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Husain v. Olympic Airways

United States Court of Appeals for the Ninth Circuit · 2002 · Civil Procedure

Civil ProcedureWarsaw ConventionArticle 17 accidentArticle 25 willful misconductWarsaw ConventionArticle 17Article 25accident

Facts

Dr. Hanson, an asthma sufferer sensitive to secondhand smoke, was seated in the non-smoking section of Olympic Flight 417 only three rows ahead of an unpartitioned smoking section. His wife repeatedly and urgently told flight attendant Maria Leptourgou that Dr. Hanson could not be near smoke for health reasons and asked that he be moved, but Leptourgou refused and said the flight was full, even though seats were available elsewhere. Passengers in the smoking section smoked continuously, the smoke reached Dr. Hanson's seat, and his breathing worsened until he collapsed and died despite emergency treatment on board. The district court found the smoke exposure, not food allergy, caused his death.

Issue

Whether Olympic was liable under the Warsaw Convention because the flight attendant's refusal to assist Dr. Hanson constituted an Article 17 'accident' that proximately caused his death. Whether that conduct also amounted to Article 25 willful misconduct so that Olympic was not entitled to the Convention's liability limit.

Rule

An Article 17 accident is an unexpected or unusual event or happening external to the passenger, assessed flexibly in light of all the circumstances. A failure to act can qualify as an Article 17 accident when it occurs in the face of a known, serious risk, reasonable alternatives exist that would substantially minimize the risk, and implementing those alternatives would not unreasonably interfere with the normal, expected operation of the airplane. For causation, the accident need only be some link in the chain causing injury, not the sole cause. Article 25 willful misconduct requires intentional action or inaction with knowledge that injury probably will result, or conduct implying reckless disregard of the probable consequences.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

On an international flight from Toronto to Madrid, Lena Ortiz tells a flight attendant three times that her husband Mateo has a severe respiratory condition and cannot remain seated beside an area where passengers are using a carrier-permitted irritant product. Several empty seats are visible farther away, but the attendant falsely says the cabin is full and refuses either to move Mateo or notify the lead attendant. Mateo's breathing worsens and he later suffers bodily injury.

Under the majority's approach, which is the strongest argument that Mateo's injury resulted from an Article 17 "accident"?

Explanation. Article 17 requires an unexpected or unusual event external to the passenger. The majority held that a failure to act can qualify when crew members know of a serious risk, reasonable alternatives exist that would substantially minimize the risk, and taking those measures would not unreasonably interfere with the aircraft's normal operation. Mateo's preexisting condition does not defeat liability if the crew's refusal is a link in the causal chain.