International Flights And The Montreal Convention
If you lose a loved one in an international airplane accident, who is at fault? What country is responsible for investigating and holding the airline accountable? The Montreal Convention provides answers to these questions and offers a path to relief for families who are impacted by these international accidents.
The Montreal Convention is a treaty that provides much of the governing law for passengers killed or injured on international commercial flights. While the treaty does protect family members and takes some of the burden off their shoulders, these cases can still be quite complex. At Angelley PC, I dedicate my legal practice to helping grieving families seek justice and compensation for their lost loved one, and will work one-on-one to help you through the days, months and even years following an airline accident.
What Is The Montreal Convention?
The Montreal Convention became effective in November 2003 and is significantly more favorable to victims and their families than the applicable predecessor treaties – the Warsaw Convention of 1929 and the Hague Protocol of 1955. The purpose of this treaty is to provide relief for families who may not know where to turn when they lose a loved one in a serious international airline accident. Some of the significant provisions include:
- If a person is injured or killed on an international flight (including boarding and exiting), an airline is strictly liable (meaning liable without the victim having to prove the airline is at fault) for up to 100,000 Special Drawing Rights (SDRs). SDRs are a mix of currency values established by the International Monetary Fund. As of May 2010, one SDR equaled about $1.47.
- If more than 100,000 SDRs are sought, an airline may only avoid liability by showing that the injury or death was not caused by their negligence or that the injury or death was caused by the negligence of a third party. In other words, the burden of proof is placed on the airline and not the victim.
- Regardless of where the injury or death occurred, victims and/or their family members may sue foreign air carriers in the United States, if the United States was the victim’s principal residence at the time of the injury or death and if the foreign carrier maintains some sort of presence in the United States.
These protections give families of airline accident victims a substantial claim to compensation after an international flight crashes.
Learn About Your Options During A Free Consultation
My practice has successfully handled numerous cases involving the Montreal Convention and its predecessor treaties and has the legal knowledge and practical experience required to obtain favorable results. I commit my extensive knowledge of aviation law and experience in the courtroom to getting you the outcome you need. Schedule your free consultation today, call my office at 214-254-3075 to get started.