The liability of the air carrier for damages and the state of health of the air passenger •
Bibliographic record
Abstract
Abstract Viruses can be found everywhere, they are part of the real life of humanity. Air travel is the youngest form of geographical movement, which has become an attainable reality for everyone at the expense of extraordinarily huge efforts and sacrifices. The two realities collided at the end of 2019 and then on 11 March 2020 via the declaration of COVID-19 to be a world pandemic changing the world as known. This paper introduces these two realities and researches their legal relations. Primarily, this paper seeks answers to the question whether pursuant to the Montreal Convention (1999) regulating the liability of the air carrier for damages an event or occurrence deriving from the disease or state of health of the passenger taking place during the operations of embarkation or disembarkation or on board the aircraft is deemed to be an accident. What extent of liability does the state of health of the passenger impose on the contracting parties pursuant to the rules of the Convention and according to legal practice? An answer is provided by unfolding the conceptual elements of accident via legal cases. This introduces the significance of the internal regulations of the air carrier; the situation of passengers in need of special care; examines the existence of medical certificates and deals with the responsibility of the crew for the treatment of acute situations deriving from the state of health of the passenger (heart attack, thrombosis, virus infection etc.) The answer is logical. Pursuant to the Convention, the event or occurrence deriving from the state of health of the passenger does not qualify as accident, consequently, the air carrier shall not liable. However, if in the facts of the concrete case a cause and effect relationship exists between the occurrence of the accident and the negligent conduct of the air carrier, the liability of the air carrier for damages can be established. The study introduces the system of conditions of the liability for damages in full detail, and the causal link producing an accident. The author makes recommendations for and outlines solutions in awareness that despite all real efforts, mankind has not learnt the lesson that the virus is in a winning position.
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How this classification was reachedexpand
Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.004 | 0.002 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.001 | 0.001 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.000 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one teacher head, not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".