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Litigation Letter

Deep vein thrombosis

In re Deep Vein Thrombosis and Air Travel Group Litigation CA TLR 14 July

The Court of Appeal upheld the decision of the trial judge (22/ LL p54) that a non-event could not be an accident. Therefore, the failure of international air carriers to warn passengers against the risk of DVT as a result of normal flights operated under normal procedures and conditions, or to advise passengers how to minimise that risk, and the provision of cramped seating which was an integral and permanent feature of the aircraft, were not events which were capable of constituting an ‘accident’ for the purposes of article 17 of the Warsaw Convention 1929.

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