Other countries severely limit the compensation that may be awarded in lawsuits arising from airline accidents. For example, many other countries do not allow families to be compensated for loss of a loved one’s "care, comfort, and society."  Or for "pain and suffering."  That’s why in almost all situations the best venue for an Asiana Airlines

Asiana Airlines Flight 214 was an international flight between Seoul and San Francisco.  That means 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 214:

  • The Airline must compensate

A flight attendant placed a cup of hot coffee on passenger Lourdes Cervantes’ tray table.  Then the passenger in the row ahead of her reclined.  That caused the coffee to spill on Cervantes lap. Cervantes suffered second degree burns.  She sued Continental

Does she have a case? 

Domestic travelers can hold the airline liable

The Montreal Convention requires airlines to compensate international travelers who are injured as a result of an “accident.”  If the passenger is killed, the Montreal Convention requires the airline to compensate the family members. But the Convention considers neither an airliner’s pilots nor its flight attendants to be “passengers.”  Thus, crew members’ claims (or the

Domestic travelers can hold the airline liable only if their injuries are caused by the airline’s negligence. But if the passenger is traveling internationally, then treaties called the Montreal and Warsaw Conventions apply. Under the Conventions, whether the airline was negligent is for the most part irrelevant. An airline is responsible only if the

At least 10 people aboard United Flight 935 were hurt when the aircraft encountered severe turbulence.  Is the airline responsible for compensating its injured passengers?

Continental 767 CabinBecause Flight 935 was an international flight, a treaty known as the Montreal Convention governs the passengers’ claims.  The Montreal Convention makes the airline liable for any injuries suffered on board the aircraft due

A cabin suddenly fills with fumes.  Passengers get ill.  The fumes eventually clear.  But for some, the symptoms persist long after the flight is over.  Others will first develop symptoms weeks or months later, and may not even relate their symptoms to their flight.  These passengers are all the victims of what has become known as a "fume

Other countries severely limit compensation that may be awarded in wrongful death lawsuits arising from airline accidents.  For example, many other countries do not allow families to be compensated for loss of a loved one’s "care, comfort, or society."  As a result, in almost all situations, the best venue for a family’s lawsuit against an airline

The families of Michael and Anne Harris, the American couple on board Air France Flight 447, filed suit this week in Houston federal court.  It’s the first lawsuit arising from the crash. The most frequently asked questions about this suit are:

Question:  Aren’t the families jumping the gun?  The Air France Fuselage Recoveryblack boxes haven’t yet been recovered, and may never be.  For