نوع مقاله : مقاله علمی - پژوهشی
عنوان مقاله English
نویسنده English
The Warsaw Convention is a treaty which governs liability in the airline industry with regard to losses or injuries to persons, baggage, or goods while the aircraft is involved in an international flight. In recent decades there was controversy arising out of the pursuit of punitive damage awards in cases resulting from accidents occurring during international air flights. In this article, the current state of the law governing the question of punitive damages under the Warsaw Convention is considered in light of several recent court decisions.
The question of whether the Warsaw Convention creates a separate “cause of action” or merely creates a presumption of liability is examined in this article. If the answer to this question is negative, then the courts can look to local state law and the laws of most states allow for punitive damages.
کلیدواژهها English
