ABSTRACT
A passenger who seeks to recover for bodily injury incurred as a consequence of the inherent risks of international air transportation is limited to the uniform and exclusive cause of action provided under Article 17 of the Warsaw and Montreal conventions. However, courts have been inconsistent in their decisions as to whether the passenger should be allowed to recover damages for purely emotional distress resulting from aircraft accidents. Three approaches have been developed to resolve this issue: (1) disallow recovery for pure emotional distress; (2) allow recovery only for emotional distress flowing from a bodily injury; and (3) allow recovery for all emotional distress so long as bodily injury occurs. The purpose of this Article is to examine these three approaches in light of common law cases.
Abdulla Hassan Mohamed, Recovery for Emotional Distress Under International Air Transportation as Developed by the Common Law Courts, 82 Louisiana Law Review (2022).
First posted 2022-06-28 18:15:08
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