James v. Delta Air Lines, Inc. (9th Cir. (Cal.) Jan. 22, 2007). The Ninth Circuit held that the airline’s failure to warn the passenger of the risk of developing deep vein thrombosis was not an “accident” under Article 17 of the Warsaw Convention. As a result, the court affirmed the district court’s summary judgment for the airline on the passenger’s failure to warn claim.
If a passenger’s travel was subject to the Warsaw or Montreal Convention but the passenger cannot proceed under the applicable Convention because he did not suffer an “accident” resulting in “bodily injury,” the passenger cannot proceed at all against the airline.