Air France v. Saks, 470 U.S. 392 (1985)
Supreme Court of the United States
Facts
On November 16, 1980, respondent Valerie Saks boarded an Air France jetliner in Paris for a 12-hour flight to Los Angeles. The flight went smoothly in all respects until, as the aircraft descended to Los Angeles, Saks felt severe pressure and pain in her left ear. The pain continued after the plane landed, but Saks disembarked without informing any Air France crew member or employee of her ailment. Five days later, Saks consulted a doctor, who concluded that she had become permanently deaf in her left ear.
Saks filed suit against Air France in California state court, alleging that her hearing loss was caused by negligent maintenance and operation of the jetliner’s pressurization system.
Issue(s)
No issues drafted yet for this case.Discussion
We conclude that liability under Article 17 of the Warsaw Convention arises only if a passenger’s injury is caused by an unexpected or unusual event or happening that is external to the passenger. This definition should be flexibly applied after assessment of all the circumstances surrounding a passenger’s injuries. Maugnie, supra, at 1262. For example, lower courts in this country have interpreted Article 17 broadly enough to encompass torts committed by terrorists or fellow passengers. See Evangelinos v. Trans World Airlines, Inc., 550 F.2d 152 (CA3 1977) (en banc) (terrorist attack); Day v. Trans World Airlines, Inc., 528 F.2d 31 (CA2 1975) (en banc) (same), cert. denied, 429 U.S. 890 (1976); Krystal v. British Overseas Airways Corp., 403 F. Supp. 1322 (CD Cal.1975) (hijacking); Oliver v. Scandinavian Airlines System, 17 CCH Av.Cas. 18,283 (Md.1983) (drunken passenger falls and injures fellow passenger). In cases where there is contradictory evidence, it is for the trier of fact to decide whether an “accident” as here defined caused the passenger’s injury. See DeMarines v. KLM Royal Dutch Airlines, 580 F.2d 1193 (CA3 1978) (contradictory evidence on whether pressurization was normal). See also Weintrab v. Capitol International Airways, Inc., 16 CCH
Page 470 U. S. 406
Av.Cas. 18,058 (N.Y.Sup.Ct., 1st Dept., 1981) (plaintiff’s testimony that “sudden dive” led to pressure change causing hearing loss indicates injury was caused by an “accident”). But when the injury indisputably results from the passenger’s own internal reaction to the usual, normal, and expected operation of the aircraft, it has not been caused by an accident, and Article 17 of the Warsaw Convention cannot apply. The judgment of the Court of Appeals in this case must accordingly be reversed.
Useful for
Accident requires unexpected or unusual event that is external to the passenger
Passenger's own internal reaction to normal and expected operation of aircraft not an accident
