If a passenger damages another passenger's property (accidentally) on a flight, who is responsible?
This came up after listening to a Rick Steves podcast on travel.
He and I have both apparently wondered - when the passenger in front suddenly reclines their seat and nearly decapitates your laptop - if they do damage it when doing so, legally, is it:
- the airline's responsibility
- your responsibility
- the passenger's responsibility
- that passenger asking for the fourth gin and tonic's responsibility
- nobody's legal responsibility, and tough luck
- the pilot's?
In so much as - you'll need to get it fixed/replaced, so who is going to be paying for it?
I'd like an official law/statement/precedent on this, ideally.
Best Answer
From a common sense point of view - #5 .... its an accident, deal with it.
In the hands of a lawyer - #1, #3 & #6 .... the shotgun approach, sue them all and hope one settles rather than fight the case in court.
Pictures about "If a passenger damages another passenger's property (accidentally) on a flight, who is responsible?"
Who is responsible for a plane crash?
According to Boeing, human error causes about 80 percent of airplane accidents. Almost 20 percent happen because of equipment failures, defective parts, or maintenance concerns. Sometimes, a combination of several factors is the cause.What is the obligation of the airlines?
Airlines' obligations to you include: compensation; standards of treatment; and. completion of your itinerary or a refund.What may cause passengers of an airline to go into a rage?
The biggest known factor causing rage is alcohol. You can prevent it from happening by having alcohol in a reasonable amount or by not consuming any alcohol at all before and during the flight.Know Your Rights as an Injured Passenger in a Car Accident
More answers regarding if a passenger damages another passenger's property (accidentally) on a flight, who is responsible?
Answer 2
As for liability, everything depends on what jurisdiction you'll be able to work. If it will be the European (continental - based on Napoleonic Code) law, then you're liable for every damage you have caused, and the factor of 'recklessness' or 'guilt' is unimportant.
So the question will arise, who have caused the damage to the laptop, which is not obvious.
If you place your laptop on the middle of the street, and someones drive on it, you will be the one that have damaged it - by placing it on the middle of the street - not the driver. So if you place your laptop in unadequate place, and therefore the damage, you can expect the court will find you responsible for the damage.
But if you have placed your laptop on the desk, and the passanger before you have reclined rapidly without looking back, they will be most likely responsible for the damage - the same as if they throw it out of your hand by rapid movement.
However, if you can prove, that the seats are so designed, that such damages are too likely to happen, the airline may be made responsible - it all depends on what the judge will find 'too likely' or 'badly designed'. If the seat decline when pressing a button which is easy to press accidentally, it's very likely the responsibility of the airline.
It would be hard to find suitable precedent, because each of such cases will be handled individually.
Answer 3
If this is a domestic flight, then the laws of the country take precedence (i.e., everyone else's guesswork answers probably apply.)
If this is an international flight, however, the Warsaw Convention covers this. According to Clauses 17 and 18 of the Warsaw Convention, the airline is liable for any injury (to people, clause 17) or damage (to property, clause 18) that occurs during the flight.
Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.
Images: Ono Kosuki, Andrea Piacquadio, Andrea Piacquadio, Andrea Piacquadio