Court of Appeals Research Paper

In the case of Maugnie v. Compagnie National Air France, why was it determined that this case was not within the protection of the Warsaw Convention? (p. 449) After proceeding down the carrier’s gate, a passenger slipped and fell in the main area of the airline terminal. The U. S. District Court concluded that the passenger had already deplaned and had reached a safe point inside the airport. The injuries had not occurred “on board the aircraft or in the course of any operation of…disembarking. ” This is the phrase used in the Warsaw Convention so the U. S. District Court judged there would be no recovery.

The case went on to the Court of Appeals and the Court of Appeals also agreed that the U. S. District Court’s conclusion was correct. At the end of the writing pertaining to this case, the book said that upon a determination being made that an airline cannot rely on the protection of the Warsaw Convention, the common-law principles of liability control the event or case. (p. 449). Explain how the Warsaw Convention has a major effect on “international carriage by air? ” The Warsaw treaty was written to help beginner or fledgling airlines and it was enacted in Poland in 1929.

It is an agreement which limits the liability of airlines in the event of accidents on international flights. This new treaty replaced common-law liability. The liability for death was now set at 125,000 francs or $8,000. in our currency. In 1966, it was increased to $75,000. The treaty was written in French. It doesn’t apply to flights within one single nation. This limit doesn’t apply in the event of any willful misconduct on the part of the airline which is a distinctly different thing. More than 100 nations are signed on to it today with the U. S. having signed on to it on October, 29th, 1934. (p. 446)