Montreal Convention Governs American Airlines' Obligation to Compensate the Passengers of Flight 331
American Airlines Flight 331 was an international flight between Miami and Kingston, Jamaica. Because the flight was international, the airline's obligation to compensate its passengers for their injuries is governed by an international treaty known as the Montreal Convention. Here are some of the Convention's important points, as they apply to Flight 331:
- The Airline must compensate its injured passengers as long as the crash was caused by an "accident." The Convention defines "accident" to include any unexpected event; from an encounter with bad weather, to poor planning on the part of the pilot, to mechanical failure.
The exact cause of the accident doesn't matter. The passenger does not need to prove that the airline was negligent, or that the airline did anything wrong at all. The airline is automatically required to compensate any injured passenger. - A passenger who was physically injured is entitled to compensation for his or her emotional distress as well as for the physical injuries. However, a passenger who was not physically injured is not entitled to compensation for emotional distress, no matter how severe the emotional distress may be.
- American Airlines may avoid liability for amounts exceeding US$155,000 only if it proves that it was not in any way "negligent or at fault." Experienced aviation lawyers know, however, that in a case like this, that will be impossible for the airline to prove. Therefore, there will be no artificial "cap" on American Airline's obligation to compensate the passengers who were physically injured in the accident.
- To obtain fair compensation, the injured passenger may sue the airline in the United States, regardless of the passenger's citizenship.
