October Term 2003 · Docket 02-1348

Does a flight attendant's refusal to help an ill passenger count as an accident under the Warsaw Convention?

Olympic Airways argues that inaction is not an accident. Rubina Husain claims that leaving a sick passenger alone creates liability.

Official caption: Olympic Airways v. Husain
Latest argument session: 2003-11-12
Latest official Court activity: 2003-11-12
Latest verified event: Argued
Sources analyzed through: Official Transcript

Verified source milestones

2026-08-29 — An official oral-argument transcript was verified.
2026-08-29 — An official oral-argument transcript was verified.

The arguments, in order

This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.

Argument 1 · 2003-11-12

What happened at the argument
Andrew Harakas represented Olympic Airways. He stated that the Warsaw Convention sets specific circumstances for liability. He argued that the drafters created a treaty over seventy years ago. He emphasized the treaty's specific limits on carrier responsibility.
Ms. Mcdowell represented Rubina Husain. She stated that a flight attendant's refusal to assist an ill passenger can be an accident. She argued that this refusal fits the Warsaw Convention's definition. She linked the inaction directly to the passenger's injury.
Mr. Farr argued that Article 17 imposes liability in specific situations. He stated that leaving a passenger in medical jeopardy triggers this liability. He claimed that failing to take basic measures to alleviate harm is actionable. He focused on the airline's knowledge of the danger.

Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 28, lines 21-41 — Transcript, file page 28, lines 21-41
- Official Supreme Court Transcript — file page 3, lines 17-17 — Transcript, file page 3, lines 17-17
- Official Supreme Court Transcript — file page 3, lines 19-43 — Transcript, file page 3, lines 19-43
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 44, lines 11-5 — Transcript, file page 44, lines 11-5
- Official Supreme Court Transcript — file page 50, lines 3-3 — Transcript, file page 50, lines 3-3
- Official Supreme Court Transcript — file page 53, lines 3-25 — Transcript, file page 53, lines 3-25
- Official Supreme Court Transcript — file page 55, lines 27-31 — Transcript, file page 55, lines 27-31

A citizen's guide to the whole case

What this case is about

The case tests the scope of the Warsaw Convention. It asks if an airline's failure to act constitutes an accident. The treaty governs liability for passenger injuries.