Olympic Airways v. Husain

Olympic Airways v. Husain, 540 U.S. 644 (2004), was a United States Supreme Court case related to Olympic Airways Flight 417.

Background

Abid Hanson and his wife, Rubina Husain, were sitting in non-smoking seats on Olympic Airways Flight 417, but were located very close to the smoking section. Mr. Hanson was allergic to second-hand smoke. The couples request to be moved was denied by the flight crew, and because of the inhalation of smoke during the flight, Mr. Hanson died. Rubina Husain filed suit in a California federal district court seeking damages under Article 17 of the Warsaw Convention. This article allowed damages to be recovered by international air travelers for accidents that occur during a flight. Upholding the statute from the Warsaw convention, the district court ruled that Mr. Hanson's death was an "accident" and awards Rubina Husain $1.4 million. This ruling was upheld by the 9th Circuit Court of Appeals.

Question Before the Court

If a pre-existing medical condition is aggravated by airplane conditions, can it be considered an "accident" under the Warsaw Convention's Article 17, holding the airline responsible for the damages?^[1]

Decision of the Supreme Court

In a 6-2 decision in favor of Husain, Justice Clarence Thomas delivered the opinion of the Court. The Court cited the decision in Air France v. Saks which stated that "any injury is the product of a chain of causes....some link in the chain was an unusual or unexpected event external to the passenger." Further, the flight attendant's refusal to allow the couple to change seats was the "link in the chain" that caused Mr. Hanson's death.^[1]

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