Tort Law
Judge Allows Some Thrombosis Suits Against Airlines
Posted Oct 16, 2007, 04:26 am CST
By Debra Cassens Weiss
Airlines that fail to act properly in response to a passenger complaint may be sued if the person develops deep vein thrombosis as a result, a federal judge has ruled.
Judge Vaughn Walker of San Francisco decided Friday that claims for the potentially fatal blood clot are permitted in cases alleging an “accident” of unforeseen circumstances, the Recorder reports. The Warsaw Convention governing international travel says airlines are liable for passenger injuries only if they are caused by accidents.
However, cases alleging a simple failure to warn of the potential problem have not been allowed to proceed under a previous Walker ruling that was upheld by the San Francisco-based 9th U.S. Circuit Court of Appeals.
Walker’s ruling allows suits alleging:
--A woman asked to move because of pain from a metal bar restricting her foot room. The airline moved her to a seat that didn’t recline, although better seats were available.
--A man died after the airline restricted him to his seat during a two-hour delay.
--A woman collapsed on a flight and later died after the airline didn’t act quickly to get medical help.
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