The UK High Court examined the meaning of “event” in the context of an international air carriage Convention and found that “event” should not be equated with “accident”. As a matter of language, “event” had a wider meaning than “accident” in the context. An “event” does not have to be fortuitous but, rather, might include deliberate actions on the part of the carrier. The Article in question was not directed to ascertaining whether something had occurred that was unusual or unexpected, as would be the case when determining whether an “accident” had taken place.
Article 17 of the Convention made the carrier liable “for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury” took place onboard the aircraft or while embarking or disembarking. Article 18 on the other hand made the carrier liable for “damage sustained in the event of the destruction or loss of, or damage to, cargo” during carriage by air.
The use of the different words in different paragraphs was significant. For there to be an accident, there must be an event, but fortuity is an element of an accidental event. Previous decisions held that “an event” is something which happens at a particular time, at a particular place, and in a particular way; fortuity is not a necessary element.
The event in question was the turning off of the refrigeration in the aircraft whilst stopping at airports en route from Lima, Peru to London which showed that an event could be something other than an accident. The claim related to the consignment of 500 boxes of fresh green asparagus which had to be transported at controlled temperatures. The damages were £18,442. That would seem to be small pickings for a three-day hearing in London with three expert witnesses. It was presumably a matter of principle relating to the interpretation of the Convention, or there were other claims riding on the result.
Words like “event”, “occurrence”, “incident” and “accident” are frequently used in the world of insurance. Care in drafting is important.
[Wealmoor Limited v KLM CIA Real Holandesa de Aviacion [2025] EWHC 1706 (Comm)]