Supreme Court of the United States

Olympic Airways v. Husain

February 24, 2004540 U.S. 644

Summary

The Court held that a flight attendant’s refusal to assist a passenger with a medical emergency constitutes an “accident” under Article 17 of the Warsaw Convention. The ruling affirms the Ninth Circuit’s judgment that the carrier’s inaction could support liability when the refusal was unusual and external to the passenger. Justice Scalia dissented, arguing that inaction cannot be an accident under the Convention.