Source: Reading Special
The passengers on the same plane died of ineffective rescue, the airline cancelled the flight, and said that the airline was not responsible, resulting in the transit passengers spending thousands of dollars to rebook tickets, which was a troublesome thing encountered by Ms. Zhang, a shenzhen resident. In this regard, the lawyer believes that the airline must prove that it is not at fault and responsible for the cancellation of the flight in order to claim exemption from liability for the loss of the change of the transit passenger.
The flight involved
Airlines temporarily cancel flights, passenger transfer "difficult"
On the evening of October 23, Ms. Zhang, a citizen of Shenzhen, broke the news that she was scheduled to take the Tibet Airlines TV9814 flight from Lhasa to Chongqing at 10:10 p.m. on the 23rd, and then fly back to Shenzhen from Chongqing at 7:40 the next day. However, the airline did not take off on time on the same day, because a passenger suddenly fell ill and needed rescue after boarding the plane. At 10:17 p.m. that night, the flight attendant issued a notice asking if there were any medical staff on board, and two passengers of medical staff went to rescue them.
According to Ms. Zhang's recollection, all the passengers were very cooperative during the rescue process and waited at the original plane for more than an hour. At about 11:30, the airline suddenly notified that it would be disinfected according to the requirements of epidemic prevention and control, and all passengers needed to disembark. When the passengers arrived at the shuttle bus, a staff member revealed that the passengers who had just arrived at the rescue were unfortunately killed.
Airlines said that the killing time takes 20-30 minutes, the aircraft engine is not enough to support the flight to Chongqing that night and then return to Lhasa, the flight was cancelled that night, only temporarily arrange passengers to stay in the hotel, and then arrange the plane to take off again at noon the next day. For passengers who delay the transfer due to flight cancellation, the airline said that the flight cancellation was not due to the airline, so it did not compensate the passenger for the second flight, and the passenger needed to make up the refund and change fee himself. Ms. Zhang questioned the airline's claims. Ms. Zhang believes that she not only delayed the trip, but also had to pay a few thousand yuan to rebook the ticket back to Shenzhen, which is not reasonable.
The reporter interviewed Tibet Airlines in this regard, and Ms. Hu, the airline's ground duty manager, said that the specific reason for the unfortunate death of the passenger was not clear, but it was determined that it was caused by the passenger's responsibility. The airline has reported to the airport accordingly, and the current cancellation caliber of the flight is due to the passenger's reasons. Ms. Hu said that before boarding the plane, the airline had measured the blood pressure of the passengers, and also carried out rescue and dialed 120, and sent the passengers to the hospital at about 11 p.m. for rescue, which was the reason why the passengers could not fly. How is the death of a passenger determined to be non-airline liability? In this regard, Ms. Hu did not issue relevant documents and regulations to reporters, but said that the airline has made a report to the Civil Aviation Administration on the determination of passenger liability accidents.
Ms. Zhang, a citizen of Shenzhen, said that the timeline that Ms. Hu said was not consistent with what she observed in the front seat, according to Ms. Hu, the passengers had been sent to the hospital at 11 o'clock in the evening, and at 11 o'clock that night, the flight attendants and flight attendants still handed oxygen to the rescue room, and the passengers should still be rescued at this time. For the entire process of handling this matter, Ms. Zhang hopes that the airline will be open and transparent, and come up with relevant certification materials to truthfully explain to passengers and issue official announcements, otherwise it will be difficult to convince passengers. Another Shandong passenger believed that the airline had learned of the passenger's poor physical condition before boarding the plane, but did not carry out timely dissuasion and inspection, resulting in flight delays and other passenger losses.
Passengers are stranded at the airport
Lawyer: The airline must prove that it is not at fault or liable for the cancellation of the flight
Can the determination of flight cancellation liability rely solely on the airline' determination? Who should bear the loss of the transit passenger? In this regard, the reporter consulted Mr. Pan Xiang, a partner of Guangdong Zhongan Law Firm and a director of the Shenzhen Lawyers Association.
Lawyer Pan Xiang analyzed that whether the airline should compensate for the loss of passenger transfer change under such circumstances is to see whether the airline is responsible for the cancellation of this flight. The Civil Code stipulates: "The passenger shall not be liable if the injury or death of the passenger is caused by the passenger's own health reasons or the carrier proves that the casualty was caused by the passenger's intentional or gross negligence." However, the airline is not liable for the death of the passenger, and whether the airline is liable for the transfer passenger who has suffered losses due to flight cancellation are two different concepts.
The Civil Code stipulates: "The carrier shall transport passengers in accordance with the time, frequency and seat number recorded on the valid ticket. If the carrier delays transportation or has other circumstances that cannot be transported normally, it shall promptly inform and remind the passenger, take necessary placement measures, and arrange for another flight or refund according to the passenger's request; if the passenger suffers losses as a result, the carrier shall bear the liability for compensation, except where it cannot be attributed to the carrier. "The civil code does not impute the liability of the carrier, and in practice usually includes weather anomalies, air traffic control, military operations, etc. If a passenger's sudden illness affects the normal departure of the flight, could the consequences of flight cancellation have been avoided?
Pan Xiang's lawyer believes that the airline responded that the passengers had already measured their blood pressure before boarding the plane. Why does the airline measure the passenger's blood pressure, and has the passenger shown physical discomfort before boarding? If the passenger has shown obvious physical discomfort before boarding, the airline should foresee the possibility of risks after the passenger boards the passenger, at which time the airline should refuse the passenger boarding and actively assist in sending the passenger to the hospital for treatment. If the airline should have foreseen but not foreseen, allowing a passenger who has already shown obvious physical discomfort to board the plane and the flight is cancelled, the airline shall be liable for the loss of the transfer passenger's change. If the passenger does not have an abnormality before boarding, but suddenly falls ill after boarding, this is an unexpected event that the airline cannot foresee and avoid, and the airline is not responsible for it. Therefore, if an airline claims to be exempt from liability for the loss of the change of the transit passenger, it must prove that it is not at fault and liable for the cancellation of the flight.
In response to this incident, the reporter hoped to interview the person in charge of Tibet Airlines, and the ground service department said that it would contact the customer service to transfer the brand department. According to the brand department phone provided by customer service, as of the time of this reporter's release, the phone still cannot be dialed. The reporter also learned from a number of insiders that There have been many similar accidents in Tibet Airlines before, but all of them said that it was not the responsibility of the airline.
(The original title is "The passenger on the same flight died suddenly, and the itinerary of many transit passengers was delayed, should the airline be responsible?") 》）
(Author: Shenzhen Special Economic Zone Daily reporter Luo Shiwei Wu Xuanling text/photo)
This article is from [Reading Special] and only represents the author's views. The National Party Media Information Public Platform provides information dissemination services.
ID：jrtt