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Embarking and Disembarking

Decent Essays

3.8.3 Embarking and disembarking

In several cases the court determined the place of location by taking into consideration if the passengers were exposed to the hazard inherent in aviation operations. It has been taken also into consideration if the passenger was under the charge of control of a carrier or his agent. According to Godfroid, the primary test should be whether the passenger was under the control of the carrier or his agent, in addition the activity should be related to an activity of aviation. An injured passenger who did not board, but is still in the terminal will be considered outside article 17, the same applies to a passenger who had reached the baggage claim area. Article 17 applies when a passenger was injured on the steps of the terminal building on his way to board the aircraft and also when a passenger was injured on the apron by a baggage transport.

According to the U.K. Courts it is important to relate an accident to a specific flight, when cases about embarking or disembarking are being solved. It is also important to consider the passenger’s location and if the passenger was about to enter or was actually entering the airplane it would create an article 17 accident. In case an accident occurred elsewhere in the terminal, a consideration have to made whether the passenger was required to be there by the carrier.

In another case a passenger in a wheelchair was injured while being transported up the terminal’s escalator by the carrier’s

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