How International Aviation Laws Affect Your Compensation After an Aviation Accident?
When you or someone you love is injured or killed in an aviation accident, international laws can impact your right to recovery. The primary international treaty governing many claims is the Montreal Convention.
What is the Montreal Convention?
Accidents in international aviation used to be governed under the Warsaw Convention, which was an international treaty first enacted in 1929.
However, on November 4, 2003, the Montreal Convention went into effect and now governs qualifying injuries or fatalities on international flights. In fact, as the University of Chicago explains, “It is the exclusive remedy for passengers who are injured during international air travel.”
Under Article 17(1), a carrier can be held liable for damages resulting from the death or bodily injury of a passenger only if the accident that caused it took place:
- On board the aircraft
- During embarking or disembarking.
The carrier is strictly liable for any proven damages up to a certain statutory threshold. That means passengers don’t necessarily have to prove fault. So if you or someone you love was hurt, you do not need to show the aircraft operator was negligent if the damages that you wish to collect fall below that threshold.
If damages are above this threshold, the airline is presumed liable for damages unless it can successfully raise affirmative defenses such as showing it was without fault for the accident or that a third party was responsible.
If the carrier cannot raise an effective defense, you should be compensated for medical bills, lost wages, loss of future earning power, or pain and suffering. If the injuries are fatal, you can obtain compensation for the losses resulting from the untimely death.
When does the Montreal Convention apply?
The Montreal Convention applies to International Flights. If you are on a domestic flight within the United States, then this specific law typically does not apply to you.
When a plane crashes on a U.S. flight within the United States, state personal injury and wrongful death laws apply, but cases can also be impacted by Federal Aviation Administration (FAA) regulations, the Federal Tort Claims Act if you are suing the government, or the General Aviation Revitalization Act if you’re suing a manufacturer due to a defective aircraft or parts.
These laws do not impose strict liability in the same way the Montreal Convention does, so it is important to understand what laws govern a crash and how they help guide you towards the legal strategy that is most appropriate for your situation.
An aviation accident attorney can help you understand the applicable law and make relevant legal arguments to maximize your chances of full and fair compensation.
Contact an international aviation accident expert today
If you or someone you love was hurt on a plane in the United States or anywhere across the globe, you need an attorney who understands domestic and international laws governing aircraft accidents.
Slack Davis includes former pilots and NASA aerospace engineers. Our team understands the rules and regulations that apply to airline accidents no matter where they occur. To find out how we can help you, give us a call at (800) 455-8686 or contact us online today to schedule your free consultation.