Dilemma 5
Dilemma 5
Dilemma 5
On a school trip accompanied by 2 teachers, a group was responsible for their own catering.
Tasks concerning cooking had been split up among the students. During one evening, they
were busy with cooking spaghetti. One of the students was about to strain the spaghetti when
another student incidentally bumped into the student who then poured the boiled spaghetti
and the hot water over his hands. The student suffered severe burnings.
To decide whether the airline is liable for the passenger's injuries under the Montreal
Convention, the particulars of the case must be investigated. It may be important to
demonstrate carelessness if the airline complied with the rules of the airport authorities and
there were no warning signs or verbal cautions.
Was there a duty of care? Was there a breach of care? Explain the causation!
It is true that the airline owed the passenger a duty of care, which was broken by
failing to provide the customer enough warning or visual cues that the level was changing.
The harm to the passenger was specifically brought on by the duty violation.
The severity of the injury and any losses incurred by the passenger would determine
the airline's level of liability. If the airline is determined to be at fault, it may be held
accountable for the injury's related costs, including medical bills, lost earnings, pain and
suffering, and other damages.
https://squareup.com/gb/en/glossary/liability
Corporate Finance Institute. (2023). Liability. Corporate Finance Institute.
https://corporatefinanceinstitute.com/resources/accounting/liability/
https://www.iata.org/en/programs/passenger/mc99/#:~:text=The%20Montreal
%20Convention%201999%20(MC99)%20establishes%20airline%20liability%20in
%20the,had%20developed%20haphazardly%20since%201929.