air france saks argued january decided march article warsaw convention makes air carriers liable injuries sustained passenger accident caused damage sustained took place board aircraft course operations embarking disembarking respondent passenger petitioner jetliner descended land los angeles trip paris felt severe pressure pain left ear pain continued jetliner landed shortly thereafter respondent consulted doctor concluded become permanently deaf left ear filed suit california state alleging hearing loss caused negligent maintenance operation jetliner pressurization system case removed federal district petitioner moved summary judgment ground respondent prove injury caused accident within meaning article evidence indicating pressurization system operated normal manner relying precedent defines term accident article unusual unexpected happening district granted summary judgment petitioner appeals reversed holding language history policy warsaw convention montreal agreement private agreement among airlines approved federal government impose absolute liability airlines injuries proximately caused risks inherent air travel normal cabin pressure changes qualify accident within definition contained annex convention international civil aviation meaning occurrence associated operation aircraft held liability article arises passenger injury caused unexpected unusual event happening external passenger injury results passenger internal reaction usual normal expected operation aircraft case caused accident article pp text warsaw convention suggests passenger injury must caused difference language article imposing liability injuries passengers caused accident article imposing liability destruction loss baggage occurrence implies drafters convention understood word accident mean something different word occurrence moreover article refers accident caused passenger injury accident passenger injury text thus implies however accident defined cause injury must satisfy definition rather occurrence injury alone since warsaw convention drafted french continental jurists guidance furnished french legal meaning accident used describe cause injury rather event injury fortuitous unexpected unusual unintended event pp interpretation article consistent negotiating history warsaw convention conduct parties thereto weight precedent foreign american courts pp standard requiring courts distinguish causes accidents causes occurrences requires drawing line may subject differences fall injured passenger required prove link chain causes unusual unexpected event external passenger enforcement article accident requirement circumvented reference montreal agreement agreement requiring airlines waive due care defenses article warsaw convention waive article accident requirement enforcement article escaped reference equation accident occurrence annex corresponding convention expressly applies aircraft accident investigations principles liability passengers warsaw convention pp delivered opinion members joined except powell took part consideration decision case stephen johnson argued cause petitioner briefs lawrence minch carroll dubuc argued cause republic france amicus curiae urging reversal brief peter hoenig bennett cohen argued cause respondent brief daniel smith albert abramson briefs amici curiae urging reversal filed solicitor general lee acting assistant attorney general willard deputy solicitor general geller alan horowitz mark gallant international air transport association randal craft justice delivered opinion article warsaw convention makes air carriers liable injuries sustained passenger accident caused damage sustained took place board aircraft course operations embarking disembarking granted certiorari resolve conflict among courts appeals proper definition word accident used international air carriage treaty november respondent valerie saks boarded air france jetliner paris flight los angeles flight went smoothly respects aircraft descended los angeles saks felt severe pressure pain left ear pain continued plane landed saks disembarked without informing air france crew member employee ailment five days later saks consulted doctor concluded become permanently deaf left ear saks filed suit air france california state alleging hearing loss caused negligent maintenance operation jetliner pressurization system app case removed district central district california extensive discovery air france moved summary judgment ground respondent prove injury caused accident within meaning warsaw convention term accident according air france means abnormal unusual unexpected occurrence aboard aircraft available evidence including postflight reports pilot affidavit passenger testimony indicated aircraft pressurization system operated usual manner accordingly airline contended suit dismissed alleged cause respondent injury normal operation pressurization system qualify accident opposition summary judgment motion saks acknowledged sole question law presented parties whether loss hearing proximately caused normal operation aircraft pressurization system accident within meaning article warsaw convention argued accident defined hazard air travel injury indeed caused hazard relying precedent defines term accident article unusual unexpected happening see demarines klm royal dutch airlines district granted summary judgment air france see also warshaw trans world airlines supp ed normal cabin pressure changes accidents within meaning article divided panel appeals ninth circuit reversed appellate reviewed history warsaw convention modification montreal agreement private agreement among airlines approved government agreement relating liability limitations warsaw convention hague protocol agreement cab fed reg note following app concluded language history policy warsaw convention montreal agreement impose absolute liability airlines injuries proximately caused risks inherent air travel found definition accident consistent history policy annex convention international civil aviation stat conformed cfr occurrence associated operation aircraft takes place time person boards aircraft intention flight persons disembarked normal cabin pressure changes qualify accident definition dissent agreed district accident defined unusual unexpected occurrence wallace disagree definition accident adopted appeals reverse ii air france liable passenger terms warsaw convention passenger proves accident cause injury macdonald air canada mathias pan world airways wd see shawcross beaumont air law vii ed goedhuis national airlegislations warsaw convention narrow issue presented whether respondent meet burden showing injury caused normal operation aircraft pressurization system proper answer turns interpretation clause international treaty party reaties construed liberally private agreements ascertain meaning may look beyond written words history treaty negotiations practical construction adopted parties choctaw nation indians analysis must begin however text treaty context written words used see maximov article warsaw convention establishes liability international air carriers harm passengers article contains parallel provisions regarding liability damage baggage governing text convention french language accordingly set forth french text relevant part articles margin official american translation portion text senate ratified convention reads follows article carrier shall liable damage sustained event death wounding passenger bodily injury suffered passenger accident caused damage sustained took place board aircraft course operations embarking disembarking article carrier shall liable damage sustained event destruction loss damage checked baggage goods occurrence caused damage sustained took place transportation air stat second text article refers accident caused passenger injury accident passenger injury light many senses word accident used distinction significant lord lindley observed word accident technical legal term clearly defined meaning speaking generally reference legal liabilities accident means unintended unexpected occurrence produces hurt loss often used denote unintended unexpected loss hurt apart cause cause known loss hurt certainly called accident word accident also often used denote cause effect attempt made discriminate fenton thorley text convention gives two clues meaning accident define term context term used illuminating see note warsaw convention air carrier liability passenger injuries sustained within terminal ford rev language article stark undefined determine meaning term accident article must consider french legal meaning see reed wiser cert denied block compagnie nationale air france cert denied true forever chained french law convention see rosman trans world airlines responsibility give specific words treaty meaning consistent shared expectations contracting parties reed supra day trans world airlines cert denied look french legal meaning guidance expectations warsaw convention drafted french continental jurists see lowenfeld mendelsohn warsaw convention harv rev survey french cases dictionaries indicates french legal meaning term accident differs little meaning term great britain germany thus word accident often used refer event person injury also sometimes used describe cause injury word used latter sense usually defined fortuitous unexpected unusual unintended event see grand larousse de la langue francaise defining accident evenement fortuit et facheux causant des dommages corporels ou materiels air france haddad judgment june cour de paris premiere chambre civile revue francaise de droit aerien appeal rejected judgment february cour de cassation bull civ parallels british american jurisprudence see fenton thorley supra landress phoenix mutual life ins supra koehring american automobile ins text convention consequently suggests passenger injury must caused unexpected unusual event interpretation article consistent negotiating history convention conduct parties convention weight precedent foreign american courts interpreting treaty proper course refer records drafting negotiation choctaw nation indians part travaux preparatoires warsaw convention published generally available litigants courts frequently refer materials resolve ambiguities text see trans world airlines franklin mint maugnie companie nationale air france fothergill monarch airlines treaty became warsaw convention first drafted international conference paris protocol resulting paris conference contained article specifying carrier liable accidents losses breakdowns delays liable prove taken reasonable measures designed damage protocol drafted paris revised several times committee experts air law submitted second international conference convened warsaw draft submitted conference stated carrier shall liable damage sustained carriage case death wounding bodily injury suffered traveler case destruction loss damage goods baggage case delay suffered traveler goods baggage international conference air law affecting air questions minutes second international conference private aeronautical law october warsaw horner legrez trans warsaw delegates several nations objected application identical liability rules passenger injuries damage baggage german delegation proposed separate liability rules passengers baggage need separate rules arose primarily delegates thought liability baggage commence upon delivery carrier whereas liability passengers commence passengers later embark upon aircraft statements french swiss italian delegates reporter preliminary draft convention argued difficult draft language specifying distinction distinction unnecessary article establishes mitigated system liability carrier moment carrier taken reasonable measures answer risks accidents occur ing people fault third parties accidents occur ing cause statement reporter de vos delegates unpersuaded majority voted drafting committee rework liability provisions passengers baggage days later drafting committee proposed liability provisions became articles convention article final draft contains necessary measures language reporter believed shield carrier liability accidents occur ing people fault third parties accidents occur ing cause nevertheless redrafted article also required prerequisite liability accident cause passenger injury whereas redrafted article required occurrence cause damage baggage although article article redrafted approved little discussion president drafting committee observed given entirely different liability cases death wounding disappearance goods delay deemed better begin setting causes liability persons goods baggage finally liability case delay statement delegate giannini emphasis added comment least implies addition language causation articles broader purpose specification time liability commenced suggests causes liability persons intended different causes liability baggage records negotiation convention accordingly support evident text passenger injury must caused accident accident must mean something different occurrence plane like text convention however records negotiation offer precise definition accident reference conduct parties convention subsequent interpretations signatories helps clarify meaning term guatemala city international conference air law representatives many warsaw signatories approved amendment article impose liability carrier event caused death injury rather accident caused passenger injury exempt carrier liability death injury resulted solely state health passenger international civil aviation organization documents international conference air law guatemala city icao doc guatemala city protocol montreal protocols nos include amendment see exec yet ratified senate therefore govern disposition case statements delegates guatemala city indicate viewed switch accident event expanding scope carrier liability passengers swedish delegate example referring choice words accident event emphasized word accident narrow carrier might found liable acts considered accidents see international civil aviation organization minutes international conference air law icao doc see also mankiewicz warsaw convention protocol guatemala city comp noting changes article intended establish strict liability determining precisely causes considered accidents find opinions sister signatories entitled considerable weight benjamins british european airways cert denied decisions precisely point note air france haddad judgment june cour de paris premiere chambre civile revue francaise de droit aerien french observed term accident article warsaw convention embraces causes injuries fortuitous unpredictable european legal scholars generally construed word accident article require passenger injury caused sudden unexpected event normal operation plane see riese lacour precis de droit aerien noting swiss german law require damage caused accident arguing accident construed event sudden independent carrier shawcross beaumont air law vii ed noting appeals third circuit definition accident accords english definitions might well commend english observations accord american decisions interpreting term accident broadly maugnie compagnie nationale air france nevertheless refuse extend term cover routine travel procedures produce injury due peculiar internal condition passenger see abramson japan airlines sitting airline seat normal flight aggravated hernia accident cert pending macdonald air canada fainting waiting terminal one baggage shown caused accident scherer pan american world airways app div sitting airline seat normal flight aggravated thrombophlebitis accident iii conclude liability article warsaw convention arises passenger injury caused unexpected unusual event happening external passenger definition flexibly applied assessment circumstances surrounding passenger injuries maugnie supra example lower courts country interpreted article broadly enough encompass torts committed terrorists fellow passengers see evangelinos trans world airlines en banc terrorist attack day trans world airlines en banc cert denied krystal british overseas airways supp cd cal hijacking oliver scandinavian airlines system cch av cas md drunken passenger falls injures fellow passenger cases contradictory evidence trier fact decide whether accident defined caused passenger injury see demarines klm royal dutch airlines contradictory evidence whether pressurization normal see also weintraub capitol international airways cch av cas sup plaintiff testimony sudden dive led pressure change causing hearing loss indicates injury caused accident injury indisputably results passenger internal reaction usual normal expected operation aircraft caused accident article warsaw convention apply judgment appeals case must accordingly reversed recognize standard requiring courts distinguish causes accidents causes occurrences requires drawing line realize reasonable people may differ widely place line fall schlesinger wisconsin holmes dissenting draw line today language articles requires desire plunge serbonian bog accompanies attempts distinguish causes accidents injuries accidents see landress phoenix mutual life ins cardozo dissenting injury product chain causes require passenger able prove link chain unusual unexpected event external passenger article warsaw convention changed signatories stretched impose carrier liability injuries caused accidents remains ur duty enforce treaties whatever might warsaw convention remains law land reed duty enforce accident requirement article circumvented reference montreal agreement true american cases montreal agreement expands carrier liability requiring airlines waive right article warsaw convention defend claims grounds took necessary measures avoid passenger injury impossible take measures due care defenses waived montreal agreement appeals commentators characterized agreement imposing absolute liability air carriers see lowenfeld mendelsohn harv case demonstrates characterization entirely accurate true one purpose montreal agreement speed settlement facilitate passenger recovery parties montreal agreement promoted purpose specific provision waiver article defenses waive provisions convention operate qualify liability contributory negligence defense article accident requirement article see warshaw warsaw convention modified montreal agreement liability accordingly viewed absolute sense airline defend claim ground took necessary measures avoid injury accident requirement article distinct defenses article located separate article involves inquiry nature event caused injury rather care taken airline avert injury inquiries may occasion similar decline employ similarity repeal treaty provision montreal agreement face left unaltered escape duty enforce article reference equation accident occurrence annex convention international civil aviation definition annex corresponding convention expressly apply aircraft accident investigations principles liability passengers warsaw convention see cheng law international air transport finally respondent suggests independent ground supporting appeals reversal summary judgment argues original complaint alleged state cause action negligence independent liability provisions warsaw convention state negligence action go forward warsaw liability rules apply expressing view merits contention note unclear record whether issue raised appeals leave disposition claim appeals first instance see hoover ronwin judgment appeals reversed case remanded proceedings consistent opinion ordered footnotes article le transporteur est responsable du dommage survenue en cas de mort de blessure ou de toute autre lesion corporelle subie par un voyageur lorsque qui cause le dommage produit bord de ou au cours de toutes operations et de debarquement article le transporteur est responsable du dommage survenu en cas destruction perte ou avarie de bagages enregistres ou de marchandises lorsque qui cause le dommage produit pendant le transport aerien stat emphasis added see legrand dictionnaire usuel de droit defining accident evenement fortuit et malheureux qui ouvre la victime soit par suite de ou de la negligence personne soit en vertu du risque professionel droit une reparation pecuniaire le transporteur est responsable des accidents pertes avaries et retards il pas responsable prouve avoir pris les mesures raisonnables pour eviter le dommage paris conference international de droit prive aerien see report second session international technical committee legal experts air questions report third session international technical committee legal experts air questions