In the 1965 case Gondeck v. Pan American World Airways, Inc., et al., plaintiff John Gondeck Jr. sued Pan American World Airways (Pan Am) for negligence after he was injured during a flight from Miami to San Juan when an emergency evacuation slide accidentally deployed inside the aircraft cabin. The U.S District Court for the Southern District of New York dismissed his complaint on grounds that it did not fall under any international treaty governing air travel, specifically the Warsaw Convention which limits liability in cases of passenger injury due to accidents on international flights. However, upon appeal by Gondeck, the Supreme Court ruled in favor of him stating that although accidental deployment of an escape chute is unusual and unexpected; it does constitute as an "accident" within meaning of Article 17 of Warsaw Convention and therefore falls under its jurisdiction making airline liable for injuries caused by such accident.

The dissenting opinion in the Gondeck v. Pan American World Airways, Inc., case argued that the majority's decision to dismiss Mrs. Gondeck’s claim was incorrect and unjustified. The dissent believed that there was a valid basis for her complaint under Article 17 of the Warsaw Convention which states an airline is liable for harm caused to passengers due to accidents on board or during embarking or disembarking processes. They contended that Mrs. Gondeck’s injury, sustained when she fell while exiting from a plane via mobile stairway provided by defendant airlines, should be considered as occurring in the process of disembarkation and thus within purview of this article. Furthermore, they disagreed with majority's interpretation about 'accident' not including any usual or expected operation; arguing instead it should encompass anything unusual or unexpected causing bodily injury - like falling off stairs here even if stairs themselves were normal equipment.