Globally Recognized Montreal Convention Lawyers
When aviation accidents occur on international flights, the legal process is more complex than a typical domestic claim. That’s because these cases are governed by the Montreal Convention, a 1999 international treaty that replaced the Warsaw Convention and established uniform rules for airline liability. The treaty applies to flights between more than 130 member nations, including the United States, ensuring consistency in how victims can pursue claims after accidents, injuries, or disruptions. Our aviation litigation attorneys have deep experience navigating cases incolving the Montreal Convention. We can explain how the treaty applies to your case, assert your rights under international aviation law, and pursue the justice and compensation you deserve.
What Does the Montreal Convention Cover??
The Montreal Convention is a global treaty that governs international air travel, applying to flights between two or more countries, including round-trips and multi-leg journeys. It covers passenger injuries, fatalities, flight delays, and baggage damage or loss, while holding airlines strictly liable up to a set threshold, with higher compensation available if negligence is proven. Regardless of whether the carrier is foreign or domestic, the treaty applies so long as the flight is international, making it central to modern aviation injury claims worldwide.
How Does the Montreal Convention Affect Aviation Claims
Strict Liability Up to a Certain Limit
Airlines are automatically liable for up to approximately 151,880 Special Drawing Rights (SDRs)—a form of international currency used by the International Monetary Fund—for injury or death, without needing to prove fault.
If a passenger’s injuries exceed that amount, the airline can avoid higher liability only by proving that it was not negligent, or that the injury was caused solely by a third party.
Claims Under the Montreal Convention
Unlike typical negligence claims that require proving fault, the Montreal Convention sets out clear categories of airline responsibility after an aircraft accident. These include:
Injury or Death of a Passenger
Airlines are automatically liable for proven bodily injuries or death that occur while a passenger is onboard, boarding, or exiting an international flight. The passenger (or their family) must show that the airline was negligent or otherwise at fault beyond a certain threshold.
What Injuries Are Covered?
Covered injuries include:
- Traumatic brain injuries (TBI) from falling luggage or slips and falls
- Broken bones or fractures caused by rough landings or in-flight accidents
- Burns from hot liquids, malfunctioning equipment, or fires
- Spinal cord injuries from hard impacts or emergency landings
- Lacerations, bruises, or crush injuries from carts, seats, or cabin equipment
- Smoke inhalation or toxic exposure during flight
The injury must result from an unexpected or unusual event external to the passenger, such as turbulence, equipment failure, or crew negligence. Emotional or psychological harm is not compensable unless it is tied to a physical injury.
Flight Delays and Cancellations
Passengers may also seek compensation for damages caused by unreasonable flight delays, missed connections, or cancellations. These claims must prove actual economic harm and may be limited by certain defenses the airline can raise.
Lost or Damaged Baggage
If a passenger’s checked luggage is lost, damaged, or delayed, the airline can be held financially responsible. The Convention sets limits on how much can be recovered, unless the passenger declared a higher value at check-in.
Class Actions Under the Montreal Convention
In some aviation incidents, multiple passengers are affected by the same event, creating grounds for a Montreal Convention class action. These large-scale claims often involve:
- International plane crashes involving victims from several countries
- System-wide airline failures causing injury or health risks onboard
- Mass delays or cancellations with widespread economic impact
- Data breaches or privacy violations tied to an international flight
Podhurst Orseck has handled many Montreal Convention class action lawsuits, representing individuals and families in complex, multi-jurisdictional litigation. Our firm has the resources and experience to coordinate claims involving victims worldwide and hold airlines accountable.
Why Choose Podhurst Orseck for Your Aviation Accident Case
Real Results. Respected Worldwide.
Podhurst Orseck stands out for its extensive experience and success in aviation litigation. Our firm has represented clients in numerous high-profile cases, securing significant settlements and verdicts. Notable achievements include:
Our firm’s commitment to legal excellence ensures that Podhurst Orseck clients receive the representation they need during challenging times.
Explore More Of Our Landmark CasesOur Proven Experience in International and Aviation Injury Litigation
Podhurst Orseck has successfully represented victims in international aviation disaster cases where the Montreal Convention and related international law were key to securing recovery:
- $43.6 million in damages secured for the families of Silk Air crash victims in Indonesia. The case involved complex international aviation issues and a defective aircraft control system.
- $30 million settlement in Learjet crash litigation involving international insurance disputes, pilot qualifications, and complex jurisdictional questions.
- Leadership in aviation MDLs involving foreign air carriers and international airspace, with claims filed under the Montreal Convention and related treaties.
- Extensive experience litigating cases involving cross-border flights, international operators, and foreign-registered aircraft subject to Montreal Convention liability standards.
With decades of experience in high-stakes aviation cases across jurisdictions, Podhurst Orseck is equipped to handle Montreal Convention claims’ legal, procedural, and technical challenges.
Montreal Convention FAQs: How You Can Recover Compensation
ANSWERS TO COMMON QUESTIONS ABOUT YOUR RIGHTS AFTER AN INTERNATIONAL FLIGHT INJURY OR LOSS
When Can You File a Montreal Convention Lawsuit?
The Montreal Convention only applies under certain legal conditions. A claim typically falls under the treaty if:
- The flight is international, beginning and ending in different treaty-member countries
- The incident occurs while boarding, in flight, or deplaning
- The person affected is a passenger, not a crew member or third party
- The baggage or delay issue occurred on the international leg of travel
If these criteria are met, your case will be governed by the Convention’s strict rules for liability, damages, and timelines.
How Long Do You Have to File a Claim Under the Convention?
The Convention imposes a strict two-year deadline to file any claim, measured from the date of arrival or the date the flight should have landed. If this deadline passes, your right to file a Montreal Convention lawsuit may be permanently barred.
Given these strict timelines and liability thresholds, working with an experienced aviation accident lawyer is essential.
Do I Need to Prove Fault Under the Montreal Convention?
Not always. Commercial airlines are strictly liable for damages up to a certain threshold (currently around 128,821 Special Drawing Rights). For higher compensation, you must show that the airline’s negligence or wrongful act caused the injury or delay.
CONTACT PODHURST ORSECK
your trusted montreal convention attorneys
If you were injured, lost a loved one, or suffered significant losses on an international flight, you may be eligible to file a Montreal Convention case. Podhurst Orseck represents clients across the U.S. and internationally in high-stakes aviation matters, including Montreal Convention class action litigation.