This Comment examines the possibility of awarding punitive damages for wilful misconduct of an air carrier resulting in passengers injured or killed during an international air flight. The Warsaw Convention is the governing law regarding the rights and liabilities of passengers and cargo involved in international air travel. It is silent on this issue, which has led to a variety of United States judicial decisions regarding the availability of punitive damages, which in turn has caused a split of authority on the issue. A review of United States judicial decisions regarding this issue is provided, along with an examination of how the United States Supreme Court has interpreted the Warsaw Convention in the past. The author concludes that the United States Supreme Court should resolve the issue by allowing the awarding of punitive damages under the Warsaw Convention.
Thomas P. O'Brien,
Flying the Warsaw Convention's Not-So-Friendly Skies: Should Air Carriers' Wilful Misconduct Go Unpunished,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol29/iss2/6