Olympic Airways v. Husain: Wrongful Death and the Warsaw Convention

Parties

In Olympic Airways v. Husain, the parties involved are Olympic Airways, the defendant, and Rubina Husain, the respondent and personal representative of the estate of her deceased husband, Dr. Abid M. Hanson.

Citation

The case is cited as 540 U.S. 644, a case decided by the United States Supreme Court (Olympic Airways V. Husain, 540 U.S. 644 (2004), n.d.).

Basic Facts

The basic facts of the case are that Dr. Abid M. Hanson died from severe smoke inhalation during a flight on Olympic Airways. Despite repeated requests to be reseated away from the smoking section due to his severe sensitivity to smoke, the flight attendants did not move him. His wife, Rubina Husain, sued Olympic Airways for wrongful death under the Warsaw Convention, which governs international air travel.

Respondent’s Arguments

Dr. Hanson’s estate argued that Olympic Airways was responsible for his death because they failed to provide him with a safe environment during the flight. They claimed that the airline’s refusal to move Dr. Hanson away from the smoking section constituted an “accident” under Article 17 of the Warsaw Convention, which rendered the airline liable for his death (Goldhirsch, 2000).

Defendant’s Arguments

On the other hand, Olympic Airways argued that Dr. Hanson’s death was not caused by an “accident” as defined by the Warsaw Convention. They claimed that the smoke in the cabin was a regular aspect of air travel, and therefore, they could not be held liable for his death.

Court Decision

The court favored Dr. Hanson’s estate, ruling that the flight attendant’s refusal to move Dr. Hanson constituted an “accident” under the Warsaw Convention.

Law Applied by Court

In reaching its decision, the court applied both statutory and case law. The statutory law was the Warsaw Convention, an international treaty that has the force of law within the United States. The court also relied on case law, including its previous interpretations of the Warsaw Convention, to determine the meaning of the term “accident” within the convention’s context.

References

Goldhirsch, L. (2000). The Warsaw Convention Annotated: A Legal Handbook. Kluwer Law International B.V.

Olympic Airways v. Husain, 540 U.S. 644 (2004). (n.d.). JustiaLaw. Web.