Reference no: EM133420232
On 12 August 2005, Paulena purchased a ticket at the branch office of Hutch Airlines in Singapore for a flight from Kuala Lumpur to Cardiff, via Amsterdam. While embarking at Kuala Lumpur International Airport, Paulena slipped and fell at the doorway of the passenger lounge. The cleaners did not dry the area after mopping the floor with detergent. Paulena has incurred losses by way of hospital expenses in the sum of $500,000 and lost wages in the sum of $950,000 in lost wages.
In the light of the facts above, answer the following:
1. Advise Paulena as to whether she could hold Hutch Airlines liable for the personal injuries she suffered under the terms of the WARSAW CONVENTION as applicable in Malaysia via the CARRIAGE BY AIR ACT 1974.
2. Determine whether your answer in (a) would differ if Paulena had instead slipped and fell at the baggage collection area, after disembarking the plane at Cardiff.
3. Assume that Hutch Airlines carried passengers only as far as Amsterdam. Paulena had to disembark at Amsterdam and get on board a plane owned by Air Fingus to get from Amsterdam to Cardiff. Explain the extent to which these hypothetical facts would affect your answer in (b) above.
4. Identify the relevant jurisdiction in which Paulena could file her claim against Hutch Airlines.