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    Airline Not Required to Warn of 'Deep Vein Thrombosis'

    Aug. 16, 2006
    An airline's failure to warn a passenger of the possibility of developing Deep Vein Thrombosis during an international flight did not constitute an "accident" permitting recovery under the Warsaw Convention, the 9th Circuit has ruled.

    An airline's failure to warn a passenger of the possibility of developing Deep Vein Thrombosis during an international flight did not constitute an "accident" permitting recovery under the Warsaw Convention, the 9th Circuit has ruled.

    The plaintiff boarded a plane traveling from Los Angeles to Paris. He received no warning from the airline of the dangers of developing DVT. During the course of his air trip, including his exiting the plane, the plaintiff did not seek any assistance or accommodation from the defendant's personnel. Upon his arrival in France, he suddenly found it difficult to walk on his right leg and sought medical attention. He was diagnosed with DVT and admitted to a hospital, where he remained for three days. Subsequently, he had to undergo injections several times a week for a month.

    The plaintiff sued for damages. A trial court granted summary judgment for the airline, holding that the failure to warn passengers of the risk of developing DVT during international air travel is not an "accident" for purposes of liability under Article 17 of the Warsaw Convention.

    The 9th Circuit agreed.

    "Applying the [Convention's] text and Supreme Court precedent to the facts of this case," the court said, "we hold that [the plaintiff] cannot establish his DVT was the result of an 'accident' because he cannot show that it resulted from an 'unexpected or unusual event. ' ... Specifically, we hold that [the defendant's] failure to warn [the plaintiff] of DVT is not an 'event. ' ... Rather, [the airline's] failure to warn was an act of omission ... as opposed to an act of commission.

    "For the foregoing reasons, we conclude that [the plaintiff] cannot obtain relief under the Warsaw Convention. "

    The court noted a similar ruling from the 5th Circuit.

    Caman v. Continental Airlines, Inc. (Lawyers USA No. 9933831) U.S. Court of Appeals, 9th Circuit No. 03-56810. Aug. 2, 2006.

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