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Whereas Anak Fairplay is probably correct to conclude in his letter Air Asia owes duty of care to passengers that AirAsia is liable in tort for the injury suffered by the boy who broke his toe , no solutions are offered as to how to overcome such problems.

We could have 200 passengers behaving like monkeys in the plane, injuring themselves and suing the airline in tort for negligence on the premise that they were in the plane at the point of injury. But would it resolve future incidences?

Sinniah had brought out an excellent point in his letter , being a seasoned traveller, and it is worthy for AirAsia and even MAS to take note of ie, ensure order and discipline.

I reckon that the courts would probably find AirAsia liable for passenger injury on the premise that it did not have adequate procedures in place for orderly passenger embarkation/disembarkation. Or put simply, liable for not ensuring order and discipline.


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