Air Carrier Liability

This recent case in the Hong Kong High Court serves as a warning to would-be fraudsters as well as providing further guidance on the Article 20 "all necessary measures" defence in the Warsaw Convention.

Airlines are often the target of suspicious claims. Amongst the most bizarre are allegations that passengers have swallowed glass particles in drinks served to them during flights, allegedly resulting in both physical and mental injury. Typically, such claims involve lengthy and detailed investigations, require expensive expert evidence and the attendance of many witnesses (cabin crew) and are difficult to resolve. The recent Hong Kong High Court decision of Olding v. Singapore Airlines Limited [2003] 1 HKC 352 is a good example.

In 2001, Mr. Olding issued proceedings against Singapore Airlines, claiming damages for personal injuries after he claimed he had swallowed glass particles in pineapple juice given to him. He claimed that he had reported this to a steward and that later that night, he felt stomach cramps and suffered rectal bleeding. He alleged that he continued to feel unwell for three weeks, was unable to attend his business and had a lost a contract worth US$6,410. Eventually, he contacted Singapore Airlines and went to see their doctors. No foreign body was found but he was told if he felt unwell further tests should be done. The doctors also said that glass often does not show up on x-rays.

The judge at the original trial gave judgment to the plaintiff but before the order was perfected, it emerged that a set of hospital notes in relation to an x-ray of the plaintiff 's abdomen had been altered to read "likely to be glass particles" from the original wording of the doctor's notes "unlikely to be glass particles". The Plaintiff could not explain why there was an alteration. The judge set aside his judgment and ordered a retrial.

The only male steward attending the economy class cabin on the flight in question gave evidence that he had received no complaint and there was no record of any complaint made to the ground staff of glass in pineapple juice. He explained how the cabin crew poured juice from cans into plastic cups in the galley. No glass was kept in the galley in the economy section except bottled drinks on the trolley but there had been no breakages recorded. The plaintiff said this was not the steward he complained to.

The court dismissed the plaintiff 's claim. The court took the view that the plaintiff 's evidence...