Airline Ordered to Pay Dh10,000 to Female Passenger for Faulty Seat Injury

The Abu Dhabi Family, Civil and Administrative Cases Court has ordered an airline to pay Dhs10,000 in compensation to a female passenger who had booked a flight with them from Abu Dhabi to another country.

 

When she boarded the aircraft, she discovered that her seat was not properly secured. She asked the cabin crew to address the issue, but no action was taken, resulting in her sustaining injuries. On arrival at her destination, she was taken to a clinic for treatment and given an anti-venom vaccine. After completing the treatment, she resumed her journey, and a specialist doctor examined her upon reaching her final stop. She also received medical attention after returning to the UAE.

 

The passenger filed a lawsuit against the airline, requesting Dhs50,000 in compensation for all physical, material and moral damages caused by the incident, in addition to legal interest at 9% from the date of the claim until full payment, along with fees and expenses.

 

In its reasoning, the court stated that the case documents and attached reports confirmed the passenger had suffered both material and moral harm as a result of the airline’s fault.

 

This fault was represented by a defect in the passenger’s seat, which endangered her physical safety and resulted in wounds, causing direct material damage to her right to bodily integrity protected by law.

 

The court further noted that the passenger experienced psychological distress, pain, regret and fear, which fall under the category of moral damage and must be compensated.

 

The text explained that tortious liability rests on three elements: error, damage, and the causal link between them. Since these elements were established in this case, the court considered the claim grounded in fact and law.

 

The ruling emphasised that compensation aims to repair the harm suffered, without excess or negligence. Therefore, in exercising its discretionary power, the court deemed Dhs10,000 to be fair and sufficient compensation for the material and moral damage sustained by the passenger.

 

 

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