Category: PTSD

This summary is about: 1. Is PTSD also a physical injury even though it is generally considered to be a psychological injury? 2. When injured on an aircraft, what are the passenger’s rights? This a review of the important recent decision from the NSW Supreme Court: Casey v Pel-Air Aviation Pty Ltd; Helm v Pel-Air Aviation Pty Ltd NSW Supreme Court Justice Schmidt Decision: 15 May 2015. This disturbing case has everything. It has remote holiday locations in the South Pacific, miles of ocean, hot tubs (for experts in Court), a tragic air crash and a rescue mission where the rescuers ultimately needed rescuing. The Warsaw Convention (1929) serves a number of purposes including compensation to airline passengers for injury and for loss of freight. International air carriage is regulated by agreements between nations and is managed by the International Civil Aviation Organisation (ICAO). That Convention was amended by the Montreal Convention in (1999) which tightened up the rules in relation to compensation to passengers and for loss of...