The Montreal Convention governs the liability of airline carriers for loss, injury and damage
sustained in the course of or arising out of, international carriage by air. The main relevant
aspects of the Convention are not expected to be greatly changed by the UK’s exit from the EU.
What is covered?
The carrier is liable for injury or death of a passenger, as long as the accident took place on
board the aircraft or in the course of embarking or disembarking. This excludes purely
psychiatric injuries. Also, the Convention provides a system of strict liability which means
that a passenger only needs to prove that an accident occurred without it being necessary
to prove that anyone was at fault.
Making a claim:
When attempting to establish that an accident has occurred, the passenger needs to prove
that:
- The accident itself was unusual or unexpected (that it was outside the ordinary
course of events) - The accident was external to the passenger, meaning that it was not caused by their
internal reaction, for example in the case of Deep Vein Thrombosis. - The accident took place upon the aircraft or during the process of embarking or
disembarking.’
Typical examples include:
- Overhead storage compartment door injuries and falling baggage
- Slips and trips, either on or off the plane
- Burns from the foodservice
- Trolley accidents
- Turbulence and rough landings
- Injuries caused by other passengers on board the flight
- Allergic reactions to meals served on the flight
The time limit to make a claim is two years and runs from the date of the actual or planned
arrival at the destination or from the date on which the carriage was stopped, whichever is
sooner. The claim will most likely be brought against the airline carrier.
For personal injuries or death claims, the claimant can, at their choice and providing that all
3 are satisfied, bring the claim to a country:
- That is a party to the Montreal Convention (the UK is)
- That is the claimant’s principal and permanent place of residence,
- In which the carrier operates flights for passengers, either by its aircraft,
or on another carrier’s aircraft under a commercial agreement.
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