When an airline accident occurs—whether it’s a lost bag, a delayed flight, or a catastrophic crash—passengers and their families often wonder what legal rights they have.
If you are injured on an international flight then the Montreal Convention will apply. The Montreal Convention is a multilateral treaty that determines airline liability and passenger compensation.
If you have been affected by an aviation incident, understanding this treaty is essential in determining your rights and potential legal claims.
Understanding the Montreal Convention
The Montreal Convention (1999) is an international treaty that standardizes airline liability across multiple countries, including Canada. This treaty applies to most international flights between signatory countries, which includes Canada, the U.S., and most of the world.
Under the Montreal Convention, airlines are responsible for compensating passengers in cases of injury, death, baggage loss, delays, or cancellations. One of the most important provisions is that airlines are automatically liable for passenger injuries up to a certain threshold even in cases where the airline was not negligent. This makes it easier for victims and their families to seek compensation without having to go through every step in a complex legal battle.
How the Montreal Convention Protects Passengers
For injuries or death resulting from an accident during an international flight, airlines are strictly liable for damages up to approximately $277,000 CAD. Importantly, a passenger must still prove the extent of their damages. A dislocated shoulder will not be treated in the same manner as a death or the loss of a limb. If a passenger or their family seeks compensation beyond this amount then the airline face a “reverse onus.” A reverse onus means that—instead of a passenger having to prove the airline was negligent—the airline must prove that it was not negligent.
In cases of flight delays and cancellations, the convention allows passengers to seek compensation for financial losses caused by the delay. Airlines are not ordinarily liable if the delay was caused by extraordinary circumstances, such as severe weather or security threats.
For lost, delayed, or damaged luggage, passengers are entitled to reimbursement up to $2,780 CAD, with additional compensation available if they can prove further damages. It is essential to report baggage issues immediately, as claims must be filed within a short window after the incident.
When and Where Does the Montreal Convention Apply?
The Montreal Convention applies to international flights where both the departure and arrival countries are signatories to the treaty. It does not cover domestic flights within Canada, which fall under domestic Canadian aviation laws.
For those affected by baggage issues, claims must generally be made within seven to 21 days, while personal injury claims must be pursued within two years of the incident.
Seeking Compensation Under the Montreal Convention
If you have been injured in an aviation incident, a lawyer can help you determine whether you are eligible to make a claim, manage your claim, and help you pursue compensation.
Get in touch with our team today for a free consultation.
