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Ja Singh

Hit by falling bottle on head on MH

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Interesting case.

 

In some countries, especially the US, if the airline were to pay for it, it will also ask the passenger to sign a waiver to relieve them of any responsibility. Therefore the passenger can not then sue the airline.

 

In most flights I have been on, there is a cabin announcement saying "pls. be careful when opening the overhead compartment as things may have moved during the flight.". Is this enough as a waiver? If it is, then in this case, the bottle moved (i.e., passenger's fault). But the compartment opened = airline's fault.

 

What is stated in the conditions of the contract? Does it say that the airline will not be responsible for any harm caused during the flight? Or are airlines obliged to provide a safe environment?

 

I remember years ago, when my family was eating in a McDonalds in the Netherlands, my brother fell and cut his head in the play area. The staff at McDonalds acted quickly to get him to the hospital. After all that, they demanded that we pay up. Despite their obiligation to ensure the safety of their patrons, there is a sign at the play area which basically said play at your own risk. If my brother had slipped and fell because the floor was wet... then it would have been a different story.

 

My advice - make sure you get a proper insurance cover!!

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Despite their obiligation to ensure the safety of their patrons, there is a sign at the play area which basically said play at your own risk

Oh man, please don't give them ideas - they will have "Enter at your own risk" signs plastered all over entrances in no time :lol:

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