If a visibly ill person is allowed to fly, is the airline liable if other passengers get sick?

Question Details:

I was on a flight where there was a visibly sick person on the plane. I have the flu now. Is the airline now liable?

Asked 11/22/2009 under Personal Injury | 238 View(s) | More Legal Topics

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Personal Injury Law Answers

No, the airline is not liable. For there to be liability, there must be a duty to take care--a legal duty, that is. Airlines are not under any such duty w/regard to colds or flus; it is not their responsibility to monitor the health of their passengers, and indeed, the airline would face breach of contract liability for refusing to fly people who've purchased tickets because they may have the flu.

Also, as a matter of causality--even if there had bee a duty on the airline's part, it would be impossible for you to show that you contracted an illness from that person on that flight, instead of from any other person or random stranger you come across in your life.

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