Civil remedies for compensating airline accident-caused PTSD

Abstract

The aim of this dissertation is to explore the remedies for compensating post traumatic stress disorder (PTSD) resulting from airline accidents, through the examination of both international and national law perspectives. This dissertation reflects the author’s examination of different civil remedies that could compensate psychological trauma resulting from airline accidents, specifically analysing whether tortious compensation could be awarded in a court of Maltese jurisdiction. This thesis delves into the analysis of PTSD from a legal perspective and whether this type of damage is compensable. The author carries out a comprehensive analysis of international legislation on liability of psychological injury in aviation accidents. Focus is placed on Article 17 of the Montreal Convention, which was ratified into Maltese legislation by means of S.L.449.24. Upon evaluation, a lacuna is revealed at international law in relation to compensating psychological injury, resulting in an examination of foreign judgments dealing with tortious liability in aviation accidents comprehending psychological trauma. Subsequently, the author discusses the mechanisms of compensation of psychological injury under Maltese legislative and judicial principles. This is effected by analysing the law of tortious obligations, specifically under Article 1045 of the Civil Code, and the discretionary powers conferred to the judicial system through lucrum cessans and damnum emergens damages. The author concludes that psychological injury is compensable under the Maltese laws of tort. Therefore, the Maltese court could potentially establish airline liability in the same manner and order compensation of an airline-accident victim suffering from PTSD. Lastly, the author contemplates whether the failure to compensate would constitute a violation of human rights; leading the author to suggest amending the Montreal Convention to ensure that PTSD is a damage to be compensated in the event of an airline accident.