In the year 2022, U.S. airlines carried 853 million passengers. With so many of us flying every year, it is important for us to be aware of what our rights are in case we are injured while on a flight. When flying internationally, passengers are protected under The Montreal Convention. This treaty governs the airline's responsibility for personal injuries and death to passengers. The Montreal Convention applies if you are injured on a flight, at a stop, transfer, or layover outside of the United States. The treaty is applicable if the accident occurs during the domestic part of your international trip. It also applies if the airplane is on a jetway or if you are being transported in an airport bus from the terminal to the airplane.
Under the Montreal Convention, a passenger does not need to prove that the airline was negligent. It is assumed that the airline was negligent, and it is the burden of the airline to prove that they were not the cause of the accident. However, an accident that occurs needs to fall under the convention's definition of “accident” which is " an unusual or unexpected event external to the passenger."
The Montreal Convention establishes a system of compensation that is available to the injured party. This system refers to compensation as Special Drawing Rights which are a national reserve asset that can be exchanged for usable currency. A lawyer at our firm can speak with you about the amount of compensation that may apply to your injuries under the Montreal Convention.
When flying domestically, federal, state, and local laws will apply. If you were injured on a domestic flight or international airline, please feel free to contact our office to learn more about what laws apply to your specific circumstances.