When you’re flying 35,000 feet above the earth—somewhere over the Atlantic, between time zones and borders—you’re not really in any one place. You’re not in the U.S. or Europe, and you’re not fully protected by any one country’s laws.
So what happens if you’re injured mid-flight?
This is where the Montreal Convention comes in.
The Montreal Convention is an international treaty that holds airlines liable for injuries, deaths, and even lost or damaged baggage that occurs during international flights.
The Montreal Convention is officially known as the Convention for the Unification of Certain Rules for International Carriage by Air (yeah, we like the sound of Montreal Convention better too).
The history and purpose of the Montreal Convention
The Montreal Convention was adopted in 1999 to replace the Warsaw Convention of 1929, which had governed international air travel liability for most of the 20th century.
As commercial air travel expanded rapidly in the 1960s through the 1990s, it became clear that the Warsaw framework was no longer adequate. Not only were its rules inconsistent, but many of its provisions were outdated and unfair to passengers.
For example, the Warsaw Convention capped compensation for injuries or death at about $8,300 and required passengers to prove the airline was at fault—making recovery difficult even in serious incidents.
The Montreal Convention improved this system by:
- Simplifying and unifying international rules on airline liability,
- Increasing compensation limits for passengers injured or killed on international flights, and
- Creating a two-tier system of liability.
Under the Montreal Convention’s two-tier system of liability, injured passengers (or their families) can seek compensation in one of two ways:
- Strict liability: You can recover up to about $175,000 USD without having to prove that the airline did anything wrong. This makes it easier to get compensation, but the amount you can receive is capped.
- Unlimited liability: If you can show that the airline was negligent or reckless, there’s no limit to how much compensation you can recover. However, you’ll need to provide evidence that the airline’s actions (or inactions) directly caused your injury.
The treaty also standardized the statute of limitations for bringing a claim to two years from the date of arrival.
Personal injury lawsuits under the Montreal Convention
The Montreal Convention applies when a passenger is injured due to an “accident” on board an international flight—or while boarding or disembarking.
But what exactly qualifies as an accident?
Courts have interpreted an “accident” to mean “an unexpected or unusual event or happening that is external to the passenger.”
This definition comes from the U.S. Supreme Court case Air France v. Saks, 470 U.S. 392 (1985), which remains the leading authority on the issue.
The definition may sound a little technical, but in practice, it can cover a wide range of in-flight mishaps, including:
- A flight attendant spilling scalding coffee on a passenger (like in the case of judo coach Arturas Lanchinskas)
- A fall caused by unexpected turbulence
- Being hit by an unsecured food or beverage cart
- Tripping over a suitcase left in the aisle by a crew member
- A plane crash or hard landing
Under the Montreal Convention:
- If the injury results from an “accident” as defined above, the airline is strictly liable for damages up to approximately $175,000 USD even if the airline wasn’t negligent.
- To recover more than that, the injured passenger must show that the airline was negligent or acted recklessly—for example, by ignoring safety protocols or failing to properly secure equipment.
Consider the following hypothetical:
Imagine you’re on an international flight from New York to Paris. Midway through the flight, the plane hits unexpected turbulence. The seatbelt sign is off, and you’re walking back from the lavatory when you’re thrown against a wall and break your arm.
The turbulence itself is unexpected and external to you, so your injury qualifies as an “accident” under the Montreal Convention.
Even if the airline wasn’t at fault, you can likely recover up to $175,000 in strict liability damages. But if your attorney can prove the airline knew turbulence was likely and failed to turn on the seatbelt sign, you may be eligible for additional damages with no cap, based on negligence.
What if I’m flying domestically?
The Montreal Convention only applies to international flights between two signatory countries. If your flight is entirely within the U.S., your claim would fall under state tort law, not the Convention.
However, a domestic leg of a multi-country itinerary can fall under the Convention if it’s part of an international ticket. For example, if you fly from Denver to New York and then on to London—all on one booking—the Denver-to-New York flight may still be covered.
Famous aviation cases
While many Montreal Convention cases settle quietly, a few have become notable in shaping how courts interpret the treaty.
1. Olympic Airways v. Husain (U.S. Supreme Court, 2004)
This landmark case involved Dr. Abid Hanson, who died from an asthma attack on an Olympic Airways flight after a flight attendant refused to move him away from the smoking section.
The U.S. Supreme Court ruled that the flight attendant’s refusal constituted an “accident” under Article 17, making the airline liable for the death under the Convention.
2. Doe v. Etihad Airways (9th Circuit, 2019)
In this case, a passenger was pricked by a hypodermic needle hidden in the seatback pocket during an international flight. She later developed a serious infection (MRSA) and sued under the Montreal Convention.
The airline argued that there was no “accident” under the Convention, but the court disagreed. The Ninth Circuit held that being injured by a needle left in the seatback pocket was indeed an “unexpected and unusual event external to the passenger”—and therefore qualified as an “accident” under the treaty.
3. Singh v. Caribbean Airlines Ltd. (E.D.N.Y., 2015)
Here, a woman was injured after slipping on a wet floor during disembarkation. The court ruled that her injury was covered under the Montreal Convention, as it occurred during the process of leaving the plane and involved an external, unexpected hazard.
What about my luggage?
The Montreal Convention doesn’t just cover personal injuries—it also applies to lost, delayed, or damaged luggage on international flights.
If your checked bag never shows up, arrives damaged, or gets delayed long enough to disrupt your travel, the airline may owe you compensation.
Here’s how it works:
- Checked baggage: Airlines are liable for loss, delay, or damage to checked baggage up to about $1,750 USD, as long as the bag was properly checked in.
- Carry-on items: Airlines can also be held responsible for damage to carry-on luggage if the airline or its employees caused the damage (for example, by forcing it into an overhead bin or spilling something on it).
- Delays: If your luggage is delayed, airlines are liable for reasonable expenses you incur while waiting—like buying clothes, toiletries, or necessary items for a business meeting or event. But you’ll need to keep your receipts and file a claim promptly.
To be eligible for compensation above the $1,750 cap, you typically need to declare a higher value for your bag and pay an extra fee at check-in (called a special declaration of interest).
The Montreal Convention is a powerful but often misunderstood legal framework. While it makes it easier for international travelers to recover damages from airlines, it also includes strict conditions—especially around what qualifies as an “accident” and how long you have to file a claim.
Want to know more about your rights after an airline injury? Contact a personal injury attorney experienced in aviation law.
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