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Old 2nd Dec 2010, 11:24
  #702 (permalink)  
Joao da Silva
 
Join Date: Oct 2010
Location: Lisbon
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Nicholas49

Thank you for your reminder on the tort of negligence.

However, a faulty product does not imply negligence in every case, does it?

If an electronic device fails due to a chip burning out very quickly, say within 24 hours of purchase, (bathtub effect) then who does the consumer contact?

I think the point is clear and the EC chose a similar principle in making the airline responsible for providing care (and possibly compensation) along similar principles, whilst recognizing that the airline was not impeded from seeking redress where appropriate.

For example if a tour operator overbooks, the airline must pay the denied boarding compensation, not the tour operator.
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