Sir - The article "US airlines move to end passenger-liability limits", (Flight International, 15-21 November, P17) signals a welcome development as the new inter-carrier agreement addresses the long-overdue question of airline liability on a global scale. The new agreement will permit passengers to make unlimited claims under their national law, regardless of where they are flying. It raises questions as to implementation, however.
The new agreement links the award of damages to the "domicile" of the passenger. The agreement is by its nature a private one, allowing a judge potentially to ignore the "domicile" of a passenger on the basis of it being contrary to public policy. Would a Californian jury, for example, accept that the US resident son of a Bangladeshi be entitled to less compensation than his neighbour whose father is a US citizen, when both perish in the same incident? If it did, the verdict would clearly be perceived as racist.
This patchwork type of approach will inevitably result in a long-term compromise as the other inadequacies of the Warsaw system are left unattended. Governments have a duty to update the system as a matter of urgency.
Source: Flight International
