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Air carrier's liability for the safety of passengers during COVID-19 pandemic

Author

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  • Naboush, Eman
  • Alnimer, Raed

Abstract

The paper aims to determine the situations when the air carrier is liable for the transmission of COVID-19 in the course of air transport. It must be emphasized here that the carrier's liability results from bodily injury or death that are caused by an accident on board an aircraft or during the operations of embarking or disembarking. Accordingly, in this paper, we addressed if the transmission of COVID-19 an ‘accident’ within the Conventions' meaning and the period of air carrier's liability for passengers' contraction of COVID-19, taking into consideration the exoneration of air carrier's liability in COVID-19 cases. In addition, this paper will study the scope of the safety measures as required by ICAO to prevent the spread of COVID-19 and therefore protect the passengers' safety. In our opinion, we found that the estimate is left to the judge because the assessment of this matter is based on an objective criterion based on the reasonable person test and the fact of each case.

Suggested Citation

  • Naboush, Eman & Alnimer, Raed, 2020. "Air carrier's liability for the safety of passengers during COVID-19 pandemic," Journal of Air Transport Management, Elsevier, vol. 89(C).
    • Handle: RePEc:eee:jaitra:v:89:y:2020:i:c:s0969699720304804
    DOI: 10.1016/j.jairtraman.2020.101896
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    Citations

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    Cited by:

    1. Sun, Xiaoqian & Wandelt, Sebastian & Zheng, Changhong & Zhang, Anming, 2021. "COVID-19 pandemic and air transportation: Successfully navigating the paper hurricane," Journal of Air Transport Management, Elsevier, vol. 94(C).
    2. Lázaro Florido-Benítez, 2022. "The Safety-Hygiene Air Corridor between UK and Spain Will Coexist with COVID-19," Logistics, MDPI, vol. 6(3), pages 1-22, July.
    3. Samanci, Simge & Didem Atalay, Kumru & Bahar Isin, Feride, 2021. "Focusing on the big picture while observing the concerns of both managers and passengers in the post-covid era," Journal of Air Transport Management, Elsevier, vol. 90(C).
    4. Santos, Luca J. & Oliveira, Alessandro V.M. & Aldrighi, Dante Mendes, 2021. "Testing the differentiated impact of the COVID-19 pandemic on air travel demand considering social inclusion," Journal of Air Transport Management, Elsevier, vol. 94(C).
    5. Tisdall, Lucas & Zhang, Yahua & Zhang, Anming, 2021. "COVID-19 impacts on general aviation – Comparative experiences, governmental responses and policy imperatives," Transport Policy, Elsevier, vol. 110(C), pages 273-280.
    6. Xue, Dabin & Liu, Zhizhao & Wang, Bing & Yang, Jian, 2021. "Impacts of COVID-19 on aircraft usage and fuel consumption: A case study on four Chinese international airports," Journal of Air Transport Management, Elsevier, vol. 95(C).
    7. Paul Schwarzbach & Julia Engelbrecht & Albrecht Michler & Michael Schultz & Oliver Michler, 2020. "Evaluation of Technology-Supported Distance Measuring to Ensure Safe Aircraft Boarding during COVID-19 Pandemic," Sustainability, MDPI, vol. 12(20), pages 1-15, October.
    8. Chen, Yuting & Fuellhart, Kurt & Grubesic, Tony H. & Zhang, Shengrun & Witlox, Frank, 2024. "An analysis of the context factors influencing the diverse response of airports to COVID-19 using panel and group regression," Transportation Research Part A: Policy and Practice, Elsevier, vol. 179(C).
    9. Liao, Maozhu & Wu, Chuntao & Yan, Hongmeng, 2022. "Recovery of Chinese low-cost carriers after the outbreak of COVID-19 pandemic," Journal of Air Transport Management, Elsevier, vol. 105(C).
    10. Lamb, Tracy L. & Ruskin, Keith J. & Rice, Stephen & Khorassani, Leili & Winter, Scott R. & Truong, Dothang, 2021. "A qualitative analysis of social and emotional perspectives of airline passengers during the COVID-19 pandemic," Journal of Air Transport Management, Elsevier, vol. 94(C).
    11. Kim, Myeonghyeon & Sohn, Jeongwoong, 2022. "Passenger, airline, and policy responses to the COVID-19 crisis: The case of South Korea," Journal of Air Transport Management, Elsevier, vol. 98(C).
    12. Singh, Manjinder & Bansal, Prateek & Raj, Alok & Dixit, Aasheesh, 2023. "Eliciting preferences of Indians for air travel during COVID-19 pandemic," Transportation Research Part A: Policy and Practice, Elsevier, vol. 176(C).

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