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外文期刊>Journal of Air Law and Commerce
>THE MONTREAL CONVENTION-THE ELEVENTH CIRCUIT EMBRACES AIRLINES' PRACTICE OF 'BUMPING' TO DENY PLAINTIFFS' RECOVERY FOR PERSONAL INJURY UNDER ARTICLE 17
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THE MONTREAL CONVENTION-THE ELEVENTH CIRCUIT EMBRACES AIRLINES' PRACTICE OF 'BUMPING' TO DENY PLAINTIFFS' RECOVERY FOR PERSONAL INJURY UNDER ARTICLE 17
Anyone who has taken a commercial flight is likely familiar with the plight of the international air traveler: Delays, lost luggage, and distracting seatmates are as frequent as, and arguably more expected than, passengers arriving to their destination on time and incident free. In addition to technical and weather delays, travelers must also concern themselves with the possibility of being involuntarily bumped from their scheduled flight. "Bumping" is the industry-wide airline practice of intentionally overselling tickets on a flight to compensate for cancellations and exchanges. In the event all paid passengers arrive for the flight, select customers are forced to give up their seats and reschedule on a later flight. Recently, in Campbell v. Air Jamaica Ltd., the Eleventh Circuit Court of Appeals decided whether a passenger's personal injuries that resulted from being bumped from an international flight supported a cognizable claim under Articles 17 or 19 of the Montreal Convention. The court held that economic damages suffered by the plaintiff due to the delay were recoverable under Article 19; however, recovery was denied under Article 17 as bumping was common practice and therefore did not qualify as an "accident," which is necessary to state a claim for personal injury.
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