el al israel airlines tsui yuan tseng argued november decided january tseng boarded el al israel airlines flight new york tel aviv el al subjected intrusive security search tseng sued el al damages new york state asserting personal injury claim inter alia assault false imprisonment alleging bodily injury el al removed case federal district dismissed claim basis treaty popularly known warsaw convention key convention provisions declare treaty appl ies international transportation persons baggage goods performed aircraft hire ch art describe three areas air carrier liability ch iii arts bodily injuries suffered result accident board aircraft course operations embarking disembarking baggage goods destruction loss damage damage caused delay instruct cases covered article brought subject conditions limits set th onvention art tseng claim compensable article district stated tseng sustained bodily injury result search convention permit recovery solely psychic psychosomatic injury citing eastern airlines floyd concluded tseng pursue claim alternately new york tort law article shields carrier liability personal injuries compensable article reversing relevant part second circuit concluded first accident within article compass occurred view convention drafters aim impose close absolute liability individual personal reaction routine operating procedures although inconvenient embarrassing price passengers pay airline safety next concluded convention shield routine operating procedures assessment diverse laws signatory nations case within one nation governing assault false imprisonment article said precludes resort local law incident covered article accident either plane course embarking disembarking led bodily injury found support drafting history convention construed indicate national law intended provide passenger remedy convention expressly apply rejecting argument allowance claims convention permit recovery contravene treaty goal uniformity second circuit read zicherman korean air lines instruct specifically convention expresses compelling interest uniformity warrant supplanting otherwise applicable body law held warsaw convention precludes passenger maintaining action personal injury damages local law claim satisfy conditions liability convention pp inquiry begins article provides cases covered article governing french text les cas prévus may brought subject convention conditions limits specific words treaty must given meaning consistent contracting parties shared expectations air france saks moreover traditionally considered aids treaty interpretation negotiating drafting history travaux préparatoires postratification understanding contracting parties zicherman el al amicus curiae urge article words les cas prévus refer generically personal injury cases stemming occurrences board aircraft embarking disembarking serve distinguish class cases article cases cases articles baggage claims delay claims address read article precludes passenger asserting air transit personal injury claims local law including claims fail satisfy article liability conditions notably injury result accident see saks accident result physical injury physical manifestation injury see floyd reasonable view executive branch concerning meaning international treaty ordinarily merits respect see sumitomo shoji america avagliano case faithful convention text purpose overall structure pp recourse local law undermine uniform regulation international air carrier liability convention designed foster see floyd convention signatories treaty preamble specifically recognized advantage regulating carrier liability uniform manner provide desired uniformity chapter iii sets array liability rules applicable international air transportation persons baggage goods rules delineate three areas carrier liability articles conditions exempting carriers liability article monetary limits liability article circumstances carriers may limit liability articles given convention comprehensive scheme liability rules textual emphasis uniformity hard put conclude warsaw delegates meant subject air carriers distinct nonuniform liability rules individual signatory nations second circuit misperceived meaning zicherman acknowledged convention central endeavor foster uniformity law international air travel see zicherman determined warsaw drafters intended resolve whether liability leave domestic law local law identified forum choice law rules approaches determination compensatory damages available suitor see articles convention also designed compromise interests passengers seeking recovery personal injuries interests air carriers seeking limit potential liability see floyd article carriers denied contractual prerogative exclude limit liability personal injury articles passengers limited amount damages may recover restricted claims may pursue convention conditions limits construing convention second circuit allow passengers pursue claims local law convention permit recovery produce several anomalies carriers might exposed unlimited liability diverse legal regimes prevented treaty contracting liability passengers injured physically emergency landing might subject liability caps convention merely traumatized mishap free sue outside convention potentially unlimited damages second circuit construction encourage artful pleading plaintiffs seeking opt convention liability scheme local law promised recovery excess prescribed treaty reading scarcely advance predictability adherence treaty achieved worldwide second circuit feared reading article exclude relief outside convention tseng deprive passenger injured malfunctioning escalator airline terminal recourse airline even airline recklessly disregarded duty keep escalator proper repair convention preemptive effect local law however extends convention substantive scope carrier therefore subject liability local law passenger injuries occurring operations embarking disembarking art tseng raised concern carriers escape liability intentional torts passengers permitted pursue personal injury claims outside convention terms already cautioned definition accident article unusual event external passenger definition flexibly applied saks emphasis added parties chose pursue question whether accident occurred affirmative answer still leave tseng unable recover treaty sustained bodily injury gain compensation article solely psychic psychosomatic injuries pp article drafting history consistent understanding preemptive effect convention although preliminary draft convention made carriers liable case death wounding bodily injury suffered traveler saks later draft prescribed article narrowed airline liability encompass bodily injury caused accident improbable time drafters narrowed conditions liability article intended article permit passengers skirt conditions pursuing claims local law inspecting drafting history second circuit stressed proposal czechoslovak delegation state treaty absence stipulation convention provisions laws national rules relative carriage signatory state apply proposal withdrawn upon amendment convention title read onvention nification ertain ules elating nternational ransportation emphasis added british house lords found drafting history inconclusive reasoning inclusion word certain convention title indicated convention concerned certain rules rules relating international carriage air convention partial harmonization directed particular issues deals including carrier liability passengers personal injury given convention overall objective ensure uniformity czechoslovak delegation may meant underscore national law controlled chapters law relating international air carriage convention attempting deal light lords exposition withdrawn czechoslovak proposal bear weight second circuit placed pp montreal protocol recently subscribed amends article provide relevant part carriage passengers action damages brought subject conditions limits set convention amended article tseng el al agree convention preemptive effect clear treaty precludes passengers bringing actions local law establish air carrier liability treaty revised article merely clarifies alter convention rule exclusivity supporting position revised article provides preemption earlier established tseng urges federal preemption state law disfavored generally particularly matters health safety stake tseng overlooks regard subdivisions within one nation focus convention perspective treaty partners preemption analysis therefore applied mechanically construing country international obligations decisions courts convention signatories including house lords opinion already noted corroborate understanding convention preemptive effect decisions entitled considerable weight saks pp reversed ginsburg delivered opinion rehnquist scalia kennedy souter thomas breyer joined stevens filed dissenting opinion el al israel airlines petitioner tsui yuan tseng writ certiorari appeals second circuit january justice ginsburg delivered opinion tsui yuan tseng subjected intrusive security search john kennedy international airport new york boarded el al israel airlines may flight tel aviv tseng seeks tort damages el al occurrence parties submit qualify accident within meaning treaty popularly known warsaw convention governs air carrier liability international transportation tseng alleges psychic psychosomatic injuries bodily injury term used convention case presents question convention exclusivity convention allows recovery correspondingly preclude passenger maintaining action damages another source law case new york tort law exclusivity question us settled prospectively warsaw convention protocol montreal protocol recently ratified senate accord protocol tseng concedes passenger whose injury compensable convention entails bodily injury result accident recourse alternate remedy conclude protocol subscribed clarifies change convention exclusivity domain therefore hold recovery personal injury suffered board aircraft course operations embarking disembarking art stat allowed convention available appeals second circuit ruled otherwise view plaintiff qualify relief convention seek relief local law injury sustained course international air travel granted certiorari reverse second circuit judgment recourse local law persuaded undermine uniform regulation international air carrier liability warsaw convention designed foster twice reserved decision convention exclusivity air france saks concluded passenger injury caused accident airline held accountable convention expressed view whether passenger maintain state cause action negligence eastern airlines floyd held mental psychic injuries unaccompanied physical injuries compensable article convention declined reach question whether convention provides exclusive cause action injuries sustained international air transportation resolve case question earlier reserved judgment outset highlight key provisions treaty interpreting chapter warsaw convention entitled cope efinitions declares article onvention shall apply international transportation persons baggage goods performed aircraft hire stat chapter iii entitled iability arrier defines articles three kinds liability convention provides article establishes conditions liability personal injury passengers 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 stat article establishes conditions liability damage baggage goods stat article establishes conditions liability damage caused delay ibid article referring back articles instructs cases covered articles action damages however founded brought subject conditions limits set convention cases covered article provisions preceding paragraph shall also apply without prejudice questions persons right bring suit respective rights ii key treaty provisions backdrop next describe may tsui yuan tseng arrived john kennedy international airport hereinafter jfk board el al israel airlines flight tel aviv conformity standard el al preboarding procedures security guard questioned tseng destination travel plans guard considered tseng responses illogical ranked high risk passenger tseng taken private security room baggage person searched explosives detonating devices told remove shoes jacket sweater lower blue jeans midhip female security guard searched tseng body outside clothes hand electronic security wand search lasted minutes el al personnel decided tseng pose security threat allowed board flight tseng later testified really sick upset flight emotionally traumatized disturbed trip israel upon return underwent medical psychiatric treatment lingering effects body search internal quotation marks omitted tseng filed suit el al new york state first instance complaint alleged state law personal injury claim based may episode jfk tseng pleading charged inter alia assault false imprisonment alleged bodily injury el al removed case federal district bench trial dismissed tseng personal injury claim see supp sdny claim concluded governed article warsaw convention creates cause action personal injuries suffered result accident course operations embarking disembarking stat see supp tseng claim compensable article district stated tseng sustained bodily injury result search convention permit recovery psychic psychosomatic injury unaccompanied bodily injury ibid citing floyd district concluded tseng pursue claim alternately new york tort law read convention article shields carrier liability personal injuries compensable article see appeals reversed relevant part see second circuit concluded first accident within article compass occurred appeals view convention drafters ai impose close absolute liability individual personal reaction routine operating procedures measures although inconvenien embarass ing price passengers pay airline safety tension reasoning second circuit next concluded convention shield routine operating procedures assessment diverse laws signatory nations case within one nation governing assault false imprisonment see article convention appeals said clearly resort local law precluded incident covered article meaning accident either plane course embarking disembarking led death wounding bodily injury found support drafting history convention construed indicate national law intended provide passenger remedy convention expressly apply second circuit also rejected argument allowance claims convention permit recovery contravene treaty goal uniformity read decision zicherman korean air lines instruct specifically convention expresses compelling interest uniformity warrant supplanting otherwise applicable body law iii accept given el al search tseng accident within meaning article parties place appeals conclusion issue see supra also accept purposes decision el al actions constitute wilful misconduct accordingly confront issue article convention see supra parties dispute occurred international transportation course embarking inquiry begins text article prescribes exclusivity convention provisions air carrier liability responsibility give specific words treaty meaning consistent shared expectations contracting parties saks treaty ratified law land see art ii also agreement among sovereign powers traditionally considered aids interpretation negotiating drafting history travaux préparatoires postratification understanding contracting parties zicherman article provides cases covered article governing french text les cas prévus may brought subject conditions limits set th onvention stat prescription model clear drafter art recognize words lend divergent interpretation tseng view view appeals les cas prévus means cases passenger actually maintain claim relief article read article permit passenger whose personal injury suit satisfy liability conditions article pursue claim local law el al view hand view amicus curiae les cas prévus refers generically personal injury cases stemming occurrences board aircraft embarking disembarking simply distinguishes class cases article cases cases involving damaged luggage goods delay articles address read article preclude passenger asserting air transit personal injury claims local law including claims failed satisfy article liability conditions notably injury result accident see saks accident result physical injury physical manifestation injury see floyd respect ordinarily due reasonable views executive branch concerning meaning international treaty see sumitomo shoji america avagliano although conclusive meaning attributed treaty provisions government agencies charged negotiation enforcement entitled great conclude government construction article faithful convention text purpose overall structure cardinal purpose warsaw convention observed achiev uniformity rules governing claims arising international air transportation floyd see zicherman convention signatories treaty preamble specifically recognized advantage regulating uniform manner conditions liability carrier stat provide desired uniformity chapter iii convention sets array liability rules treaty declares apply international transportation persons baggage goods performed aircraft ibid chapter convention describes defines three areas air carrier liability personal injuries article baggage goods loss destruction damage article damage occasioned delay article conditions exempting air carriers liability article monetary limits liability article circumstances air carriers may limit liability articles see supra given convention comprehensive scheme liability rules textual emphasis uniformity hard put conclude delegates warsaw meant subject air carriers distinct nonuniform liability rules individual signatory nations appeals looked precedent guidance point misperceived meaning misread decision zicherman say warsaw convention expresses compelling interest uniformity warrant preempting otherwise applicable body law new york tort law see supra zicherman acknowledges convention centrally endeavors foster uniformity law international air travel recognizes convention addresses question whether airline liability vel non see id zicherman case involved auxiliary issues may seek recovery lieu passengers harms may compensated see looking convention text negotiating drafting history contracting postratification understanding convention scholarly commentary zicherman determined warsaw drafters intended resolve whether liability leave domestic law local law identified forum choice law rules approaches determination compensatory damages available suitor see id complementary purpose convention accommodate balance interests passengers seeking recovery personal injuries interests air carriers seeking limit potential liability warsaw accord injured passengers file suits damages subject limitations forum laws including forum choice law regime exposure inhibited growth international airline industry see floyd lowenfeld mendelsohn warsaw convention harv rev many international air carriers time endeavored require passengers condition air travel relieve reduce carrier liability case injury see second international conference private aeronautical law october warsaw minutes horner legrez transls hereinafter minutes convention drafters designed articles convention compromise interests air carriers customers worldwide article convention carriers denied contractual prerogative exclude limit liability personal injury articles passengers limited amount damages may recover restricted claims may pursue conditions limits set convention construing convention appeals allow passengers pursue claims local law convention permit recovery produce several anomalies carriers might exposed unlimited liability diverse legal regimes prevented treaty contracting liability passengers injured physically emergency landing might subject liability caps convention merely traumatized mishap free sue outside convention potentially unlimited damages appeals construction convention encourage artful pleading plaintiffs seeking opt convention liability scheme local law promised recovery excess prescribed treaty see potter delta air lines inc reading scarcely advance predictability adherence treaty achieved worldwide second circuit feared article read exclude relief outside convention tseng passenger injured malfunctioning escalator airline terminal recourse airline even airline recklessly disregarded duty keep escalator proper repair see pointed amicus curiae submission however convention addresses concerns exclusively airline liability passenger injuries occurring board aircraft course operations embarking disembarking art stat see brief amicus curiae convention preemptive effect local law extends convention substantive scope brief amicus curiae carrier therefore indisputably subject liability local law injuries arising outside scope passenger injuries occurring operations embarking disembarking ibid quoting article tseng raises different concern argues air carriers escape liability intentional torts passengers permitted pursue personal injury claims outside terms convention see brief respondent already cautioned definition accident article unusual event external passenger definition flexibly applied saks emphasis added saks concluded accident occurred injury hearing loss indisputably result ed passenger internal reaction usual normal expected operation aircraft id emphasis added earlier noted see supra tseng el al chose pursue question whether accident occurred affirmative answer still leave tseng unable recover treaty sustained bodily injury gain compensation article solely psychic psychosomatic injuries drafting history article consistent understanding preemptive effect convention preliminary draft convention submitted conference warsaw made air carriers liable case death wounding bodily injury suffered traveler minutes see saks later draft prescribed article airline liability narrowed encompass bodily injury caused accident see minutes improbable time drafters narrowed conditions air carrier liability article intended article permit passengers skirt conditions pursuing claims local law inspecting drafting history appeals stressed proposal made czechoslovak delegation state treaty absence stipulation convention provisions laws national rules relative carriage signatory state shall apply quoting minutes proposal withdrawn upon amendment convention title read onvention nification ertain ules elating nternational ransportation ir stat emphasis added see second circuit saw history indication national law intended provide passenger remedy convention expressly apply british house lords sidhu british airways plc considered history found inconclusive inclusion word certain convention title lords reasoned accurately indicated onvention concerned certain rules rules relating international carriage air example convention say anything carrier obligations insurance particular compulsory insurance third party risks ibid convention words partial harmonisation directed particular issues deals among carrier liability passengers personal injury issues lords concluded aim onvention unify ibid pointing overall understanding convention objective ensure uniformity lords suggested czechoslovak delegation may meant underscore national law controlled chapters law relating international carriage air onvention attempting deal ibid light lords exposition satisfied withdrawn czechoslovak proposal bear weight appeals placed montreal protocol ratified senate september amends article read relevant part carriage passengers baggage action damages however founded brought subject conditions limits set convention parties agree amended article convention preemptive effect clear treaty precludes passengers bringing actions local law establish air carrier liability treaty revised article el al urges agree merely clarifies alter convention rule exclusivity supporting position revised article provides preemption earlier established tseng urges federal preemption state law disfavored generally particularly matters health safety stake see brief respondent see also post treaty like act congress construed preempt state law unless intent clear stevens dissenting tseng overlooks regard subdivisions within one nation focus convention perspective treaty partners preemption analysis therefore applied mechanically construing international obligations decisions courts convention signatories corroborate understanding convention preemptive effect sidhu british house lords considered decided question face concerning convention exclusivity passenger alleges psychological damages physical injury resulting occurrence accident article see reviewing text structure drafting history convention lords concluded convention designed ensure questions relating carrier liability provisions onvention apply passenger access remedies whether common law otherwise may available within particular country chooses raise action ibid courts nations bound convention also recognized treaty encompassing preemptive effect opinions sister signatories observed entitled considerable weight saks internal quotation marks omitted text drafting history underlying purpose convention sum counsel us adhere view treaty exclusivity shared treaty partners reasons stated hold warsaw convention precludes passenger maintaining action personal injury damages local law claim satisfy conditions liability convention accordingly reverse judgment second circuit ordered el al israel airlines petitioner tsui yuan tseng writ certiorari appeals second circuit january justice stevens dissenting disagreement holding today limited practical significance issue conclusively determined future cases recent amendment warsaw convention see ante also affects narrow category past cases decision nevertheless significant end rests novel premise preemption analysis applied differently treaties kinds federal law see ante disagree premise shall briefly explain believe erred agree drafters convention intended treaty largely supplant local law article preempts local law three major categories personal injury claims arising accident claims lost damaged baggage damage occasioned transportation delays categories surely comprise bulk potential disputes international air carriers passengers convention however preempt local law cases arising wilful misconduct article expressly provides carrier shall entitled avail provisions convention exclude limit liability misconduct willful moreover question whether carrier wrongful act considered equivalent wilful misconduct determined law case submitted ibid accordingly vast majority potential claims passengers international air carriers either preempted article unequivocally governed local law article putting cases aside left narrow sliver incidents involving personal injury arise neither accident willful misconduct although drafters treaty may realized cases might arise construction term accident air france saks effect either recognizing creating narrow band cases frankly persuaded case belongs interstitial niche believe resolved determining petitioner alleged misconduct either accident within meaning article involved willfulness matter local law may parties insisted decide case assumption belongs sliver treaty silent case saks therefore differ cases cited opinion emphasize importance respecting treaty preemptive effect none cases involved personal injury resulting nonaccident ante given unique character cases sliver clear central purposes convention affected whether treat like accident cases preempt local law like willful cases overriding interest achieving uniformity rules governing claims arising international air transportation ante accommodated situations explicitly covered article regardless decides case circumstances convention basic tradeoff carriers interest avoiding unlimited liability passengers interest obtaining compensation without proving fault fully achieved hand interest uniformity disregarded category cases involve willful misconduct treaty reckless act omission may constitute willful misconduct see koirala thai airways ltd goldhirsch supra stating civil law jurisdictions found gross negligence satisfies article broad definition increases number cases preempted convention circumstances delegates warsaw decide subject air carriers distinct nonuniform liability rules individual signatory nations ante thus interest uniformity significantly impaired number cases preempted like involving willful misconduct slightly enlarged encompass relatively rare cases injury resulted neither accident willful wrong interest uniformity accommodated one category cases simply raises without resolving question whether drafters treaty intended treat personal injury nonaccident cases though involved accidents plaintiff case unlike injured accident receives benefit treaty normally claim valid local law preempted unless treaty expressly requires result everyone agrees literal text treaty preempt claims personal injury arise accident equally clear nothing drafting history requires result contrary amendment title convention made response proposal advanced czechoslovak delegation see ante suggests parties assumed local law apply nonaccident cases agree inference strong enough require ambiguity resolved plaintiff favor suffices however history ambiguous text firmly believe treaty like act congress construed preempt state law unless intent clear see medtronic lohr department revenue acf industries csx easterwood rice santa fe elevator reason respectfully dissent footnotes convention unification certain rules relating international transportation air stat note following montreal protocol amend convention unification certain rules relating international carriage air signed warsaw october amended protocol done hague september hereinafter montreal protocol reprinted exec pp federal courts appeals divided treaty interpretation question issue see krys lufthansa german airlines recognizing split accord second circuit third circuit held warsaw convention preclude passengers unable recover personal injuries terms convention maintaining actions air carriers local law see abramson japan airlines cert denied contrast fifth circuit held convention creates exclusive cause action international air carriers personal injuries arising international air travel see potter delta air lines citations opinion official english translation convention see stat relevant set addition convention governing french text see stat air france saks article provides relevant part carrier shall liable damage sustained event destruction loss damage checked baggage goods occurrence caused damage sustained took place transportation air stat article provides carrier shall liable damage occasioned delay transportation air passengers baggage goods stat chapter iii convention sets forth number rules governing air carrier liability among article relieves carrier liability taken necessary measures avoid damage stat article sets monetary limits carrier liability harm passengers baggage see ibid article invalidates ny contract provision tending relieve carrier liability fix lower limit laid th onvention article renders convention limits liability inapplicable damage caused carrier wilful misconduct ibid appeals affirmed without discussion district judgment favor tseng claim warsaw convention damage baggage see denied el al petition certiorari regarding issue see accident article unexpected unusual event happening external passenger saks definition cautioned flexibly applied assessment circumstances surrounding passenger injuries ibid district sing flexible application prescribed concluded el al search tseng accident routine search applied erroneously plaintiff course embarking aircraft fairly accurately characterized accident supp sdny appeals disagreed described security searches routine international air travel part effort widely recognized encouraged law price passengers pay degree airline safety far afforded observed passengers reasonably aware routine operating procedures kind el al conducts daily ibid risk mistakes innocent persons erroneously searched nherent effort detect malefactors explained ibid tseng thus encountered ordinary events procedures air transportation concluded unexpected unusual event id questionable whether appeals flexibly applied definition accident set forth saks parties however accept appeals disposition issue event even el al search tseng accident core question convention exclusivity remain convention provides compensation article passenger suffers death physical injury physical manifestation injury eastern airlines floyd condition district appeals determined tseng meet see question whether convention precludes action local law passenger claim fails satisfy article conditions liability turn conditions claim fails satisfy lower courts tseng urged article took case outside convention limits liability article altered montreal protocol concerned damage caused wilful misconduct stat matter district found evidence basis inferring selection tseng searched anything mistake even mistake characterized misconduct district added basis inferring wilful appeals left district finding absence wilful misconduct undisturbed see tseng brief opposition certiorari cite article agree amicus curiae tseng preserved argument putting article issue see brief amicus curiae french text article reads dans les cas prévus aux articles et toute action en responsabilité quelque titre que ce soit ne peut tre exercée que dans les conditions et limites prévues par la présente convention dans les cas prévus également les dispositions de précédent sans préjudice de la détermination des personnes qui ont le droit et de leurs droits respectifs stat literally translated les cas prévus means cases anticipated article see new cassell french dictionary girard ed cases provided article see french dictionary corréard grundy eds appeals recognized convention aimed balance interests passenger carrier concluded increasing strength airline industry balance properly shifted away protecting carrier toward protecting passenger postratification adjustments however appropriately made treaty signatories see exec sir alfred dennis great britain stated warsaw conference article important stipulation touches substance convention excludes recourse common law second international conference private aeronautical law october warsaw minutes horner legrez transls see cong rec president signed instrument ratification montreal protocol november protocol enter force march article amended montreal protocol provides carriage passengers baggage action damages however founded brought subject conditions limits set convention without prejudice question persons right bring suit respective rights carriage cargo action damages however founded whether convention contract tort otherwise brought subject conditions limits liability set convention without prejudice question persons right bring suit respective rights limits liability constitute maximum limits may exceeded whatever circumstances gave rise liability exec see gal northern mountain helicopters dkt lexis july reviewing claim personal injuries sustained helicopter crash judge british columbia concluded warsaw convention remedy pursuant article exclusive plaintiff claim except permitted warsaw convention hunter chambers northwest airlines considering claim bodily injury exposure flight smoke judge ontario general division rejected passenger contention entitled law pursue common law statutory claims exist apart claims may convention concluded claim falls within reach convention convention exhaustive rights plaintiff sharpe emery air freight nerine nurseries concluding action damage goods must comply conditions limits set onventio new zealand appeal recalled general purpose onventio protect carriers operating across international boundaries vagaries local laws impose uniform regime upon upon dealing seagate technology changi airport servs pte considering claim lost goods singapore appeal noted articles form sole foundation carrier liability respect loss damage falling within scope articles cases party seeking satisfaction carrier need fact plead case common law footnotes already held article covers accidents defined unexpected unusual event happening external passenger air france saks thus believe article reference article include nonaccidents leading treatise regard article passenger lawyer want convention limits applicable must either prove convention apply client passenger international transportation defined article convention applicable limits unavailable carrier failed deliver ticket provided article carrier guilty wilful misconduct article accident goldhirsch warsaw convention annotated legal handbook emphasis added article provides cases covered articles action damages however founded brought subject conditions limits set convention cases covered article provisions preceeding paragraph shall also apply without prejudice questions persons right bring suit respective rights article provides carrier shall entitled avail provisions convention exclude limit liability damage caused wilful misconduct default part accordance law case submitted considered equivalent wilful misconduct similarly carrier shall entitled avail said provisions damage caused circumstances agent carrier acting within scope employment article damage goods article damage occasioned delay limited accidents liability local law damages goods delay therefore explicitly preempted article see saks see gal northern mountain helicopters dkt lexis july involving helicopter crash noting plaintiff invoked warsaw convention claiming injuries loss arising accident northwest airlines stating injury resulting smoke constitutes accident expressly noting declining resolve preemption issue decided today emery air freight nerine nurseries involving damage cargo therefore covered article thus explicitly preempted article seagate technology changi airport servs pte correct assertion british house lords assumed terrorist attack sidhu british airways plc accident see ante puzzled lords came conclusion courts country sister signatories frequently found hijacking accident within meaning article see saks ayache rev franç aérien paris france consorts telchner rev franç aérien israel convention require result example case accidents resulting physical injury agree case victim remedies local law preempted article see eastern airlines floyd interpretation therefore produce anomaly identified ante since believe personal injuries whether physical psychological arising accidents covered article therefore preempted article merely traumatized plaintiff free sue outside convention