항공권 초과예약과 몬트리올 협약상 사고의 의미 - 2014년 제11순회항소법원의 Campbell v. Air Jamaica Ltd. 사건을 중심으로 -

Anyone who has taken a commercial flight is likely familiar with the plight of the international air traveler: Delays, lost luggage, and distracting seatmates are as frequent as, and arguably more expected than, passengers arriving to their destination on time and incident free. In addition to technical and weather delays, travelers must also concern themselves with the possibility of being involuntarily bumped from their scheduled flight. "Bumping" is the industry-wide airline practice of intentionally overselling tickets on a flight to compensate for cancellations and exchanges.' In the event all paid passengers arrive for the flight, select customers are forced to give up their seats and reschedule on a later flight. Recently, in Campbell v. Air Jamaica Ltd., the Eleventh Circuit Court of Appeals decided whether a passenger's personal injuries that resulted from being bumped from an international flight supported a cognizable claim under Articles 17 or 19 of the Montreal Convention. The court held that economic damages suffered by the plaintiff due to the delay were recoverable under Article 19; however, recovery was denied under Article 17 as bumping was common practice and therefore did not qualify as an "accident," which is necessary to state a claim for personal injury. In conclusion, with its decision in Campbell v. Air Jamaica Ltd., the Eleventh Circuit Court of Appeals has critically limited the definition of "accident" under Article 17 of the Montreal Convention, precluded plaintiffs from their rightful recovery for personal injury from accidents in flight, and opened the door or should I say cleared the runway-for airlines to detrimentally mistreat their customers in an effort to increase revenue: all by embracing "bumping" as a routine travel procedure.