The Montreal Conference and Worldwide Passenger Rights – Slack Davis Sanger

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In the case of a passenger death or injury, the air carrier’s liability limit is 128,821 Special Drawing Rights (SDRs), which as of June 2021, converts to $183,531. Compensation for damages under the Convention is adjusted for inflation and is reviewed every five years.

For passengers seeking more than 128,821 SDRs, the carrier may avoid liability by proving the event that caused the injury was not due to conduct by the airline or a subcontractor, or that the negligence that caused injury was solely due to a third party.

What Kinds of Injuries May Be Eligible for Compensation?

Under the Convention, passengers may claim compensation for physical injuries and emotional injuries that stem from physical injuries. Claims for purely emotional injuries are not subject to compensation. Still, it may be possible to recover compensation for Post-Traumatic Stress Disorder (PTSD). The specific circumstances of a PTSD claim are critical in determining whether a passenger is entitled to compensation under the Convention.

International Aviation Claims Are Complex

Claims arising from international airline travel can be extremely complex. They may involve an overlay of multiple laws requiring a detailed analysis of causation, liability, and jurisdictional issues. If you, a loved one, or a business colleague experiences a personal injury, or know of a death on a flight where the Convention may apply, contact an attorney with the skills and experience to handle the claim. The aviation attorneys at Slack Davis Sanger have the experience, knowledge, and resources to review the facts and evidence to determine if the Montreal Convention applies. They will work to secure the best possible compensation for you or your loved ones.