Death or Bodily Injury on Board the Aircraft: A UAE Perspective

Analysis

In a court judgment handed down in March 2016 by the Abu Dhabi Court of First Instance, Al Tamimi successfully defended an international airline in a claim for ‘Diya' (or ‘Blood Money') and compensation for the heirs of a passenger who died due to a heart attack on board an aircraft.

Amongst several factual issues determined by the Court, aviation law concepts such as the definition of ‘accident', ‘death', ‘bodily injury' were dealt with, as well as liability of an airline generally and liability pursuant to the UAE Federal Law No.17 of 1991 (‘For Determining the Legitimate Ransom Amount For the Unintentional Death of a Person') and the UAE Federal Law Mo.9 of 2005 (Amending the Diya Payable for Wrongful Death) (together the ‘UAE Blood Money Law'). The case highlights the importance of having a comprehensive understanding of international air law concepts, and an understanding of the particular nuances in UAE jurisprudence and law in dealing with claims for death or bodily injury.

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