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
Airline’s Liability for Injuries Caused by Falling Baggage
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
United Flight 935: Airline’s Obligation to Compensate Passengers Injured by Turbulence
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
Suing the Foreign Air Carrier in the United States
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
Statutes of Limitation in Aviation Accident Cases
The victim of an airplane or helicopter accident must act on his rights or lose them forever. That means the victim must file a lawsuit by the appropriate deadline. In some cases, the victim must first file a special claim form with the right governmental agency. If he fails to do so on time, or files it with the wrong agency, he
British Air Passengers’ Baggage: Going, going, gone . . .
The Washington Times recently reported that British Airways passengers may proceed with their lawsuit for compensation for lost baggage. British Airways loses 23 bags per 1,000 passengers carried, a rate more than 60 percent higher than the industry’s average, according to the Air Transport Users Council.
The Warsaw Convention limits to $9.07 per pound what a
US Airways Flight 1549: What Claims Do The Passengers Have?
Some Flight 1549 passengers have reportedly "lawyered-up." What legal claims do they have?
Putting aside the question of whether pursuing the claims is the right thing to do — some say they should simply count their blessings — do the passengers have any claims to begin with?
Well, it depends on the law that applies. For
Warsaw and Montreal Conventions
An airline’s liability for a passenger’s injury or death is most often determined by state law. But if the passenger’s trip includes a stop in a foreign country, then the airline’s liability is controlled entirely by international treaties. The treaties are known as the Warsaw Convention and the Montreal Convention.
The treaties also govern a