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When Is an Accident Not an Accident? - Jasmine Murphy, Hardwicke

25/01/13. In order to recover damages under Article 17(1) of the Montreal Convention (where bodily injury was suffered on board an aircraft or in the process of embarking or disembarking) a claimant has to prove that there was an “accident”. Sounds simple? Unfortunately it is not – mainly due to the vagaries of language and the fact that there is a body of international case law brought to bear on the subject. The first point to make is that the injury itself cannot be...

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