جبران خسارات روحي و رواني در حمل و نقل هوايي

Recovery of Passengers for Mental Injuries Suffered on International Flights

The Warsaw Convention of 1929 and the Montreal Convention of 1999 apply to all international and most domestic carriage of persons, luggage or goods performed by aircraft. According to Article 17 of the Warsaw Convention which the Montreal Convention of 1999 made inconsequential changes in that article: "the carrier is liable for damage sustained in the event of the death or wounding of a passenger or any other bodily injury suffered by a passenger....". What types of injuries are contemplated by the term "damage sustained"? Can apassenger recover for mental injuries? These issues have been examined in this article. Part 1 of this Article describes the relation between mental injury and bodily injury. Part 2 examines the divergent analysis of courts interpreting the bodily injury requirement. Part 3 studies the negotiations among the delegates at Montreal Conference and concludes that the new Convention broadened the scope of passenger recovery.