ECJ: Liability in case of fall on an air passenger staircase

Feb 18, 2022 Benn-Ibler Rechtsanwälte

The Advocate General at the European Court of Justice (ECJ) has explained what is meant by an "accident" according to Art 17 para 1 of the Montreal Convention (MC).

The plaintiff was a passenger on a flight from Thessaloniki (Greece) to Vienna operated by Austrian Airlines. In Vienna, the aircraft was parked in an outside disembarking position. Disembarkation was via an uncovered staircase positioned at the aircraft, which also had a handrail on each side. While going down the stairs, the plaintiff's husband almost slipped on the stairs. When the plaintiff reached the same spot, she also slipped, but fell and suffered a fracture of the left forearm and a haematoma on her buttocks. She did not hold on to the handrail.

She now sought damages from Austrian Airlines, but the District Court of Schwechat rejected this action. In the opinion of the Korneuburg Regional Court, however, the facts of the case were not to be judged according to Austrian law, but according to the MC, as the flight was an international one. The court had questions on the interpretation of the MC, for which the ECJ has jurisdiction in the European Union.

According to Art 17 para 1 of the MC, the air carrier is liable for physical damage if the accident occurred on board the aircraft or during boarding or disembarking.

It was unclear what exactly is meant by an "accident".

According to the Advocate General, a fall on a passenger staircase while disembarking can very well be an accident. However, the fall must be caused by an unexpected or unusual factor outside of the passenger’s control. It thus essentially followed the view of Austrian Airlines.

Whether the ECJ will follow this view remains to be seen.

Opinion, C-589/20 (01/20/2022)