Where to pay for air travel?

Like last week's reader, my return from holiday was a bit eventful, as I got into a tussle at boarding with another passenger who told me I'd broken his watch. He took my name and promised me legal action. What can I expect and where?

G, Geneva

Even at altitude, you may be liable for civil liability, and that's more down-to-earth than it sounds, even if the applicable legal rules may seem complicated. Here's a quick overview, so fasten your seatbelt...

When two passengers find themselves in a dispute on board an aircraft, with no contractual link between them (this is known as extra-contractual liability), it is private international law that comes into play, in this case for Switzerland the Federal Law on Private International Law (LDIP). Article 129 of this law stipulates that the Swiss courts have jurisdiction in several respects: if the person liable (you, in this case) is domiciled in Switzerland, if the flight overflew or landed in Switzerland, or if the damage occurred in our country, for example if the watch was inspected or replaced in Switzerland.

As far as the applicable law is concerned, article 133 of the LDIP provides that the law of the place where the event giving rise to the damage occurred applies, unless the result of the damage occurred elsewhere and was foreseeable. In other words, if the altercation took place in airspace over Germany, but the aircraft landed in Geneva and the watch was declared damaged on the spot, Swiss law could apply, especially if you and the injured party both have a domicile in Switzerland.

The competent court will therefore often be the Swiss court in the place of residence of the perpetrator (or the victim, depending on the circumstances), or in the place of landing if the damage occurred there. In your case, if you returned to Switzerland after the flight and the injured party is also domiciled in Switzerland, the dispute may be brought before a Swiss civil court. The judge will then examine whether your behaviour constitutes a civil fault, and whether the alleged damage caused to the watch justifies compensation, in application of the Code of Obligations (in particular art. 41 CO on unlawful acts).

That said, the beauty of private international law is that it allows lawyers to travel through their codes, because a case like yours is likely to be of interest to different courts in different countries - or sometimes none at all - depending on the nationality and domicile of the protagonists.

Nevertheless, even if the disputed facts occur when your head is in the clouds, always bear in mind that accounts are settled here on earth!