Hurt on an International Flight? The Montreal Convention, Its Two-Year Deadline, and What It Pays

Watch: international vs. domestic flights

When the treaty applies

The Montreal Convention covers “international carriage”: a trip whose departure and destination are in two different countries that joined the treaty, or a round trip with a stop in another country. What matters is the itinerary on your ticket. A domestic leg that is part of an international ticket can be covered. A purely domestic flight is not; Florida and federal law govern those. (If a country on the itinerary joined only the older Warsaw Convention, its rules can apply instead.)

What counts as an “accident”

Article 17 makes the airline liable for bodily injury caused by an “accident” on board or “in the course of any of the operations of embarking or disembarking.” The U.S. Supreme Court defined an accident as “an unexpected or unusual event or happening that is external to the passenger” (Air France v. Saks, 1985). A beverage cart rolling into your knee, a falling overhead bag, a burn from spilled coffee, severe turbulence — these can qualify. An injury from the normal, expected operation of the plane usually does not.

Medical emergencies on board. A passenger’s own illness, such as a heart attack, is usually not an “accident” by itself. But the Supreme Court held that a flight attendant’s repeated refusal to move a passenger with asthma away from the smoking section could be one, because some link in the chain of events was unusual and external to the passenger (Olympic Airways v. Husain, 540 U.S. 644 (2004), decided under the Warsaw Convention; courts apply the same “accident” test under the Montreal Convention). In Arzu v. American Airlines (5th Cir. 2026, No. 25-10606), the court rejected the claim that the crew’s response to a medical emergency was an accident, but let the disputed claim that the onboard defibrillator failed go forward. Whether an accident happened, whether it caused additional harm, and what damages follow are separate questions. Domestic flights follow different rules; see in-flight medical emergencies.

Sprayed with insecticide in the cabin? Routine spraying alone doesn’t establish a claim; see what you would need to show.

How much the airline owes

• Up to 151,880 SDRs (about $206,000): strict liability. The airline cannot avoid paying by showing it was careful (Article 21(1)).
• Above 151,880 SDRs (about $206,000): no cap, but the airline escapes the excess if it proves the injury was not caused by its negligence, or was caused solely by a third party (Article 21(2)).

An SDR is an international reserve unit whose dollar value moves daily; at the September 2026 rate, 151,880 SDRs is about $206,000. The limit was raised from 128,821 SDRs on December 28, 2024. The airline may also argue that a passenger’s own negligence contributed, which can reduce or even eliminate what it pays (Article 20).

What the treaty doesn’t allow

The Convention is the exclusive route: “any action for damages, however founded,” is subject to its conditions (Article 29). Punitive damages are not available. Purely emotional harm without a bodily injury is generally not recoverable.

The two-year deadline

Article 35 says the right to damages “shall be extinguished” if suit is not filed within two years from arrival at the destination (or when the aircraft should have arrived). U.S. courts treat this as a condition, not an ordinary statute of limitations, so it is not paused for negotiations or tolled for fairness. Waiting on an airline’s claims department past two years ends the case.

Where you can sue

For injury or death, the treaty allows suit in several places — including, in many cases, the country where the passenger had their principal and permanent residence, if the airline operates and does business there (Article 33). For a Florida resident, that often means a U.S. court even when the flight was foreign.

What to do now

• Get medical care and keep every record — the treaty requires a bodily injury.
• Keep your boarding pass, ticket receipt, and itinerary; they decide whether the treaty applies.
• Write down the flight number, seat, time, and names of crew and witnesses.
• Ask that an incident report be made on board, and photograph the scene if safe.

Galimidi Law’s aviation injury work

Galimidi Law’s published aviation matters include an in-flight medical-emergency investigation and a jet-bridge injury involving disputed responsibility for the walkway. Explore the firm’s aviation practice and published case examples, or request a review of your flight injury.

A former defense lawyer’s take

Airlines defend these claims on two fronts: that what happened wasn’t an “accident,” and that the passenger waited too long. The first is a fact fight you win with details gathered early. The second is simply a calendar — and it is the one mistake no lawyer can fix after the fact.

Frequently asked questions

← All articles