British Airways and oneworld alliance partner Qantas Airways have won a key legal victory in Australia in a deep vein thrombosis (DVT) test case that matched the ruling of a UK court.
The lawsuit was brought against them by a businessman, Brian Povey, who claimed to have suffered DVT as a result of flights taken on the two airlines between Australia and the UK around four years ago. Povey suffered a stroke in 2000 that he alleged was attributed to DVT caused by flight conditions. His claim was filed by lawyers as a test case that, if successful, would have led to many more lawsuits.
In December 2002 the Supreme Court of Victoria allowed Povey's case to proceed after rejecting arguments made by lawyers representing BA and Qantas that it should be dismissed. The airlines appealed and a year after the initial judgement that allowed the case to proceed, Victoria State's Court of Appeal ruled that the carriers cannot be held liable.
Disagreeing with the Supreme Court's finding, the appeals court refused to accept the key argument of the plaintiff's lawyers that Povey's case should be classified as an "accident" under the Warsaw Convention governing liability. It granted a permanent stay against damages action.
The ruling matched that of a UK court, which a year earlier blocked moves to hold airlines accountable for DVT injuries allegedly sustained during flights. That landmark lawsuit was brought on behalf of 56 people and named 28 airlines, including BA and Qantas.
Source: Airline Business
