Twardowski

In these consolidated appeals, 1 airline passengers or their survivors appeal from summary judgment in favor of Continental Airlines and a number of other air carriers on their claim for damages for failure to warn of the risk of Deep Vein Thrombosis (DVT) on international flights. They argue that the airlines’ refusal of requests to warn was an unexpected event and thus, an “accident” under Article 17 of the Warsaw Convention, because before their flights, the airlines’ trade organization, the English House of Lords, and airline medical officers had urged airlines to warn of DVT risks, and the airlines themselves had publicly represented that preventing passenger injury was a priority. However, we have already held that developing DVT in-flight is not an “accident,” Rodriguez v. Ansett Australia, Ltd., 383 F.3d 914, 917 (9th Cir.2004), and that failing to warn about its risk is not an “event” for purpose of liability for an “accident” under Article 17, Caman v. Continental Airlines, Inc., 455 F.3d 1087, 1092 (9th Cir.2006). Neither requests by public agencies, nor the airlines’ public commitment to safety, converts the failure to warn about DVT into an event or accident; the…