What are the Warsaw and Montreal Conventions?

The Warsaw and Montreal Conventions can apply if an injury accident happens on an international flight. Any flight where an injury accident occurs that has at least stopped in a foreign country will hold the airline responsible for resulting damages when the accident can be proven. The requirement to prove negligence does not exist.

Here, an injured victim would have to prove that they had an accident that fit under the U.S. Supreme Court’s definition of an “unexpected or unusual event or happening that is external to the passenger and not to the passenger’s own internal reaction to the usual, normal, and expected operation of an aircraft.”

If you were injured on an airplane that flew to a foreign country, you may have a case to make against the airlines for financial compensation for your injuries. Accidents aboard airplanes can cause injuries such as cuts, broken bones, major bruising, facial and musculoskeletal injuries, as well as emotional pain and trauma. It is imperative that you speak with an attorney to learn more about your rights and what steps you should take to get the compensation you deserve.

The South Jersey personal injury attorney at Monaco Law PC knows how to navigate the most complicated injury claims, including those involving injuries on airlines. You are welcome to call Monaco Law PC to schedule a time to meet and discuss your case today.

How the Warsaw and Montreal Conventions Affect Injury Claims on International Flights

An international air transportation treaty, the Warsaw Convention relates the rights and duties of passengers, shippers, and air carriers to each other with the goal of limiting liabilities that air carriers have when conducting business, establishing the following parameters:

• Airliner liability when passengers, baggage, or goods are harmed.
• Limitations on liability
• Establishes uniformity in documentation, procedures, and laws regarding claims that come against international carriers
  • Liability claims can include:
    • Personal injury claims
    • Damaged goods and luggage claims
    • Delay transportation damages claims

The Montreal Convention holds a carrier liable for injury or fatal accidents that occur on an aircraft during operations, including embarking and disembarking. The Convention also only applies to international air travel.

A passenger under the Montreal Convention may bring legal action in the United States when they suffered damages in the following circumstances:

• The U.S. was the domicile of the carrier
• The U.S. was the main business hub of the carrier
• The U.S. is the place where the carrier operates business through the contract
• The U.S. is the place of destination
• The U.S. is the permanent residence of the injured passenger

When comparing the two, the Warsaw Convention tends to benefit the airliner, while the Montreal Convention benefits the passengers.

Speak to a New Jersey and Pennsylvania Airline Accident Injury Attorney Today

Our airline accident injury lawyer at Monaco Law PC offers free consultations to victims of airline accidents in Pennsylvania and New Jersey. To schedule yours, please call (609) 277-3166 for our New Jersey office and (215) 546-3166 for our office in Pennsylvania.

We are a New Jersey and Pennsylvania personal injury law firm serving Atlantic County, Bucks County, Burlington County, Cape May County, Camden County, Chester County, Cumberland County, Delaware County, Gloucester County, Mercer County, Middlesex County, Montgomery County, Philadelphia, Ocean County, and Salem County.