gumshoe wrote:Here's a question then: if a passenger who hesitates at the top of the slide is physically pushed down by cabin crew, only to - say - break a leg at the bottom, could they sue the airline or the crew member for assault?
Clearly the defence would be that it was necessary to try and preserve lives, but these are litigious times we live in and if someone ended up unable to work because of their injuries, would they have a case?
No. No defence would be needed as it's not assault. Assault is any act which
intentionally or
recklessly, causes another person to
apprehend immediate and unlawful personal violence.
If someone is blocking an emergency exit on the aircraft, the act of pushing that person down the slide is not reckless (it is necessary to preserve life), nor was the intent there to use violence.
Even if it turns out the aircraft was fine and it was a faulty detector, it is irrelevant as long as the crew had an 'honestly held belief' at the time that there was imminent danger to life and limb.