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DEEP VEIN THROMBOSIS (DVT) - NOT AN ACCIDENT |
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Adv. Peggy Sharon , Senior Partner
General
In a recent ruling by the Tel-Aviv District Court (Sept. 2007) 1
the court addressed the question whether a death of a passenger
resulting from DVT can be considered an "accident" according to the
Warsaw Convention. The court reaffirmed a previous ruling 2 that determined that DVT should not be considered an accident within the scope of the Warsaw Convention and that despite the unfortunate circumstances, the claim should be dismissed.
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Will The Warsaw Convention Apply to Non - Regular Transportation? |
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By Adv. Peggy Sharon and Adv. Moshe Abady
An aircraft accident resulting in bodily injury to passenger is governed by The Warsaw Convention , which on the one hand, imposes almost strict liability on the air carrier but on the other hand, limits the amount of indemnity payable to the passenger.
Article 1 of the Convention provides that 'This Convention applies to all international carriage of persons, luggage or goods performed by aircraft for reward. It applies equally to gratuitous carriage by aircraft performed by an air transport undertaking'.
In order that the limit of indemnification will apply, the air carrier should issue a flight ticket which includes a declaration that the carriage is subject to the rules relating to liability as established by the Warsaw Convention.
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