The Montreal Convention sets forth an airline’s liability for a passenger’s injury or death on an international flight. Under the Convention, the airline’s liability does not depend on whether the airline was “negligent” or otherwise “at fault” for the injury or death. Rather, the airline is automatically liable, provided that the injury was caused by
Montreal Convention Does Not Protect United Airlines From Passenger’s Malicious Prosecution Lawsuit
A passenger boarded a United flight from Rome to San Francisco. He asked for food. The flight attendant refused. The two exchanged words. Eventually, another flight attendant heard the argument and brought the passenger some crackers. The passenger ate the crackers, took his seat, and went to sleep.
While the passenger slept, the flight attendant
Montreal Convention Permits Passenger to Recover for Fear of Infection
Plaintiff was on a flight from Abu Dhabi to Chicago. She placed her hand into the seatback pocket, and was unexpectedly stuck with a hypodermic needle that lay within.
Continue Reading Montreal Convention Permits Passenger to Recover for Fear of Infection
Passengers Fall Ill on American Airlines Flight 109: Another Fume Event?
American Airlines Flight 109, traveling from London to Los Angeles, was two hours into its flight when passengers and crew members suddenly started fainting or otherwise becoming ill. The captain turned the Boeing 777 around and landed at Heathrow. 
According to the Daily Telegraph in Britain, the aircraft likely experienced a problem with the
Compensating the Families of Germanwings Flight 4U 9525
It looks as though the Germanwings first officer intentionally crashed the aircraft, killing all aboard. Reporters are asking about the airline’s obligation to provide the passengers’ families monetary compensation. Here are some answers:
The airline must compensate the families for any "accident." Because Flight 9525 was an
international flight, all the families’ claims are governed
US Airways Flight 735: Airline’s Obligation to Compensate Injured Passengers
US Airways Flight 735 from Philadelphia to Orlando encountered turbulence as it passed through 17,000 feet. Three passengers and two flight attendants were injured so badly that they were hospitalized when the plane returned for landing in Philadelphia.
What is the Airline’s obligation to compensate the injured? The answer varies.
Passengers who were traveling
Montreal Convention’s Time Limit for Bringing Suit Leads to Unjust Result
A passenger suffered from lung disease. The airline denied him the use of his supplemental oxygen. As a result, six months later, the passenger died.
The family sued the airline within two years of the passenger’s death. Normally, that’s within the statute of limitations. But because the flight was an international flight, the Montreal
Malaysia Airlines Must Compensate Families Regardless of Whether Flight 370 was Diverted by Crew or Hijacked
Someone changed the course of Flight MH370 and turned off the aircraft’s transponder. Turning off an aircraft’s transponder makes it more difficult for the plane to be tracked by radar. A hijacker with even minimal flight training would have known that.
But there is one wrinkle. The transponder was reportedly turned off when air
Plaintiff Magazine Article on Asiana Flight 214
The September issue of Plaintiff Magazine featured our article on the Montreal Convention as it applies to the crash of Asiana Flight 214. As far as we know, it’s the most comprehensive legal article that has been published on the crash to date.
Asiana 214 Passengers’ Right to Compensation for Emotional Distress Limited by Montreal Convention
Asiana Flight 214’s crash landing and the events that followed were traumatic experiences for all aboard. Even some of those who suffered no physical injury will struggle with emotional injuries for months if not years to come.
Normally, a passenger would be entitled to compensation for all the emotional distress suffered, regardless of whether the