Aviation accidents are rare but devastating. When they happen, determining airline liability is complex and heavily influenced by international law, especially the Montreal Convention.
Key Points
- Strict Liability for Death or Injury: Under the Montreal Convention, airlines are automatically liable for damages up to a certain amount without requiring the victim’s family to prove fault.
- Proving Negligence for Higher Claims: For compensation beyond the standard cap, claimants must show that the airline was negligent or engaged in wrongful conduct.
- Jurisdictional Complexities: Victims can often sue in multiple jurisdictions — the country where the airline is headquartered, where the ticket was purchased, or the final destination.
- Limitation Periods: Claims under international aviation law must usually be filed within two years of the accident.
Conclusion
Navigating airline liability after an accident requires careful legal strategy and a deep understanding of international treaties and domestic aviation laws.