ALS Aviation Legal Safety Consultants posts Recent Air Law Decision. In the case of Di Falco v Emirates (No 2), the Supreme Court of Victoria on 15 October 2019 considered whether a failure to provide hydration could constitute an “accident” under Art 17(1) of the Montreal Convention relating to International Carriage by Air. The plaintiff claimed damages for injuries allegedly sustained form fainting as a result of dehydration when she was not given water after having made four requests. Dismissing the claim, the court held that, as the circumstances leading to dehydration were not unusual or unexpected and the injuries were therefore not sustained during an aircraft accident, the air carrier was not liable.
For more info visit: https://aucc.sirsidynix.net.au/Judgments/VSC/2019/T0654.pdf