The liability of the air carrier for damages and the state of health of the passenger. Accidents and Diseases (COVID-19)

Sipos, Attila (2020) The liability of the air carrier for damages and the state of health of the passenger. Accidents and Diseases (COVID-19). HUNGARIAN JOURNAL OF LEGAL STUDIES, 61 (1). pp. 85-112. ISSN 2498-5473

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Abstract

Viruses can be found everywhere, they are part of the real life of humanity. Air travel is the youngest form of geographical movement, which has become an attainable reality for everyone at the expense of extraordinarily huge efforts and sacrifices. The two realities collided at the end of 2019 and then on 11 March 2020 via the declaration of COVID-19 to be a world pandemic changing the world as known. This paper introduces these two realities and researches their legal relations. Primarily, this paper seeks answers to the question whether pursuant to the Montreal Convention (1999) regulating the liability of the air carrier for damages an event or occurrence deriving from the disease or state of health of the passenger taking place during the operations of embarkation or disembarkation or on board the aircraft is deemed to be an accident. What extent of liability does the state of health of the passenger impose on the contracting parties pursuant to the rules of the Convention and according to legal practice? An answer is provided by unfolding the conceptual elements of accident via legal cases. This introduces the significance of the internal regulations of the air carrier; the situation of passengers in need of special care; examines the existence of medical certificates and deals with the responsibility of the crew for the treatment of acute situations deriving from the state of health of the passenger (heart attack, thrombosis, virus infection etc.) The answer is logical. Pursuant to the Convention, the event or occurrence deriving from the state of health of the passenger does not qualify as accident, consequently, the air carrier shall not be liable, however, if in the facts of the concrete case a cause and effect relationship exists between the occurrence of the accident and the negligent conduct of the air carrier, the liability of the air carrier for damages can be established.

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