The Warsaw Convention: Stone v. Continental Airlines, Inc.

The Warsaw Convention is an international treaty that governs the liability of airlines for death, injury, and baggage loss or damage to passengers on international flights.
The Convention sets a limit on the airline's liability for damages, unless the passenger can prove willful misconduct.

1. The Warsaw Convention: Stone v. Continental Airlines, Inc. Presented by: - Rutuja patil

2. Facts of the Case Dean Stone, a passenger on Continental Airlines flight 001, was allegedly assaulted by another passenger. Stone and his wife were first-class passengers on the flight from Los Angeles to Honolulu, continuing on to Australia. Stone claimed he was punched without provocation by another passenger ("John Doe 1") during the flight to Honolulu.

3. Stone's Claims Stone filed a complaint in state court asserting five claims: Assault and battery Breach of duty of reasonable care Breach of implied warranty Relief under the Warsaw Convention of 1934 Punitive damages

4. The Warsaw Convention The Warsaw Convention is an international treaty that governs the liability of airlines for death, injury, and baggage loss or damage to passengers on international flights. The Convention sets a limit on the airline's liability for damages, unless the passenger can prove willful misconduct.

5. Stone's Arguments Stone argued that the Warsaw Convention applied to his case and that Continental Airlines was liable for his injuries. He claimed that the assault constituted an "accident" under the Convention. Stone also argued that Continental Airlines breached its duty to provide a safe environment for its passengers.

6. Continental Airlines' Arguments Continental Airlines argued that the Warsaw Convention did not apply because the assault was not an "accident" arising from air travel. The airline contended that the assault resulted from the actions of another passenger, an event beyond its control. Continental Airlines also argued that Stone's other claims were preempted by the Warsaw Convention.

7. The Court's Decision The court sided with Continental Airlines. Ruled that the assault did not constitute an "accident" under the Warsaw Convention. The assault resulted from an intervening act by a third party (another passenger). Such incidents are not considered operational problems under the Convention.

8. Impact on Airline Passenger Rights The case limited the applicability of the Warsaw Convention in passenger assault situations. Highlighted the need for clear definitions of "accident" within the Convention. Increased focus on passenger safety measures implemented by airlines.

9. Conclusion Stone v. Continental Airlines clarified the scope of the Warsaw Convention. The case emphasized the distinction between airline operational issues and passenger misconduct. Importance of clear passenger rights and airline safety protocols.

10. Thank you