The Montreal Convention Explained: Your Rights in Airline Passenger Injury Claims

Air travel is one of the safest and most convenient ways to get around the world. However, accidents and injuries can still occur during international flights, leaving passengers confused about their legal rights and options for compensation. 

If you have been injured while flying internationally on an airplane or a Helicopter, or while boarding or exiting a plane while traveling on an international flight, you may have legal rights under the Montreal Convention. In this article, we will guide you through the process and explain how it may benefit you. 

What is the Montreal Convention?

The Montreal Convention, officially known as the Convention for the Unification of Certain Rules for International Carriage by Air, is an international treaty adopted in 1999. 

The treaty applies specifically to international carriage by air between countries that have ratified it, including Canada, the United States, and most other aviation nations. Under the Convention, airlines are held strictly liable for proven damages up to a certain threshold without the need to prove negligence. For damages above that limit, the airline can avoid or reduce liability only by proving the injury was not caused by its negligence or was due solely to a third party.

What Does the Montreal Convention Cover?

• Passenger Injury and Death: The Convention holds airlines liable for injuries or deaths sustained during international flights, including incidents that occur on the aircraft, during boarding, and disembarking.
• Baggage and Cargo: This coverage includes loss, damage, or delay of checked baggage and cargo carried on international flights.
• Flight Delays: Passengers may be eligible to claim compensation for damages resulting from flight delays, subject to specific limitations.
• Liability Limits: The Convention establishes liability limits expressed in Special Drawing Rights (SDRs), for which airlines are responsible unless the passenger can prove higher damages.
• Jurisdiction and Claims: This outlines the locations and how passengers can file claims, allowing lawsuits in various jurisdictions, including the passenger’s residence, the airline’s principal place of business, or the location where the ticket was purchased.

What the Montreal Convention Does Not Cover?

• Domestic Flights: The Montreal Convention does not apply to purely domestic flights within a single country unless that country’s laws incorporate similar provisions.
• Intentional Acts or Gross Negligence: While the Convention addresses liability limits, it does not fully cover cases involving willful misconduct or gross negligence by airlines; such cases may fall under separate legal frameworks.
• Claims Not Related to Air Carriage: Issues unrelated to the operation of the flight itself, such as pre-existing medical conditions or injuries occurring outside the scope of international carriage, are not covered.
• Claims Against Third Parties: The treaty binds airlines but does not cover claims against third-party contractors or service providers at airports unless those entities are directly involved in the air carriage.

Practical Steps If You Are Injured on an International Flight

Seek Medical Attention Immediately

Prioritize your health and seek medical care as soon as possible. Request a detailed medical report documenting your injuries, as this will be a crucial piece of evidence for your claim.

Report the Incident to the Airline

Notify the airline staff about the injury before leaving the airport. Ask for a written report or incident form that records the circumstances of your injury.

Preserve Evidence

Keep any relevant documents such as your ticket, boarding pass, medical reports, receipts for expenses related to the injury, and any communication with the airline.

File a Formal Claim Within the Deadline

The Montreal Convention requires that claims be submitted within two years of the date of the incident. File your claim in writing to the airline as early as possible to avoid missing this deadline.

Consult an Experienced Aviation Injury Lawyer

Navigating international air travel law can be a bit of a hassle. Consulting with a qualified lawyer for airline passenger injury, experienced in Montreal Convention claims, can help ensure you receive fair compensation and proper legal representation.

Get Expert Legal Help for Your Aviation Injury Claim

If you or a loved one has been injured during an international flight, it is important to understand your rights and take action promptly. 

Whether your injury occurred during the flight or due to an incident on the ground, including Airport Accident claims, we are here to help. At Galimidi Law, our experienced aviation injury lawyers are dedicated to guiding you through the complexities of the Montreal Convention and ensuring you receive the compensation you deserve. Contact us today for a free consultation and let us help protect your rights every step of the way.