What constitutes "willful misconduct" under the Warsaw Convention?
The definition of "willful misconduct" depends in some measure on which court is deciding the issue. Some common factors that courts will consider are: (1) knowledge that an action will probably result in injury or damage, (2) reckless disregard of the consequences of an action, or (3) deliberately failing to discharge a duty related to safety. Courts may also consider other factors.
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