As described here, passenger claims against Asiana Airlines are limited by the Montreal Convention. But any claims the victims’ may have against a manufacturer of the aircraft or its component parts are not.
NTSB Chairman Deborah Hersman reported that evacuation slides opened inside the passenger cabin. The slides are, of course, designed to
Because Asiana Flight 214 was international, lawsuits against the responsible airline are governed by the Montreal Convention. The Montreal Convention strictly limits where a passenger may bring suit. To bring suit against an airline in a U.S. court, the injured passenger must be a U.S. resident, the
passenger’s ticket must have been issued in
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:
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
It’s the passenger in the aisle seat who is most often injured by baggage falling from an overhead bin. The injuries can be serious and can include mild traumatic brain injury.
If the baggage falls and injures a passenger who is travelling internationally, then the Montreal Convention or Warsaw Conventions apply. The conventions are
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?
Because 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