Passenger rights: ECJ: Airlines are liable for the psychological consequences of accidents

In the event of an accident, airlines must also pay compensation for mental impairments.

Passenger rights: ECJ: Airlines are liable for the psychological consequences of accidents

In the event of an accident, airlines must also pay compensation for mental impairments. However, the passengers have to prove that the psychological consequences cannot subside without medical treatment, as a judgment by the European Court of Justice (ECJ) shows. In addition, these would have to be so severe that they would affect health in general.

The background to the judgment of the Luxembourg judges is a case from Austria. An engine exploded as the plane took off. During the subsequent rescue, a woman got out via the emergency exit on the right wing. However, since the engine was still moving, she was thrown several meters through the air by the air escaping the machine. She is now demanding compensation because she suffered from post-traumatic stress disorder as a result of the accident.

The ECJ essentially agreed with her. It is true that there is no connection with bodily harm in its usual meaning. However, the situation of a passenger who becomes mentally ill as a result of such an accident can be comparable.

However, the passenger must prove that the trauma was caused by the accident and is so severe that medical treatment is required.

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