Your Rights in the Sky: Injury Claims Under the Montreal Convention
September 22, 2025
Your Rights in the Sky: Injury Claims Under the Montréal Convention
When you board an international flight, you’re not just taking a journey; you’re entering into a complex legal agreement governed by a multi-national treaty. This legal framework, known as the Montréal Convention, is a powerful tool for passenger protection, yet many travelers are unaware of its existence.
At Ball Eggleston, we believe that understanding your rights, whether on the road or in the air, is the first step toward safeguarding yourself and your family. The Montréal Convention provides a crucial safety net, establishing a uniform set of rules that hold airlines accountable for a range of issues, from personal injury to lost baggage on international flights.
What is the Montréal Convention?
The Montréal Convention (formally, the “Convention for the Unification of Certain Rules for International Carriage by Air”) is a multilateral treaty that was adopted in 1999. It was created to modernize and consolidate the rules established by the older Warsaw Convention, which had become outdated and inconsistent.
The treaty’s primary goal is to provide a unified and predictable legal framework for international air travel, ensuring consistent rules and equitable compensation for passengers in the event of an incident. It covers a wide range of issues, but its most critical provisions relate to airline liability for passenger injuries, death, and damage to baggage or cargo.
When Does It Apply?
The Montréal Convention applies to all “international carriage” as defined by the treaty. This is a very specific legal term, and its application can be more complex than simply flying from one country to another. For the Convention to apply, a flight must:
Have its origin and ultimate destination in two different countries that are signatories to the Convention.
Have an agreed-upon stopping place in another country, even if the flight begins and ends in the same country.
For example, a flight from Indianapolis to London is covered. So is a flight from Indianapolis to a connecting flight in a non-signatory country and then on to London. The crucial factor is the origin and final destination on the passenger’s ticket. A flight from Chicago to Paris with a connection in Dublin is covered, even if the incident occurred on the domestic leg from Chicago to New York, because the entire journey is considered international carriage.
Key Protections for Passengers
One of the most significant aspects of the Montréal Convention is its “two-tier” liability system for passenger injury or death. This system simplifies the process for victims and ensures a level of accountability from the airline.
Strict Liability (Tier One): For damages up to approximately $207,700 (151,880 Special Drawing Rights or SDRs), the airline is held strictly liable. This means you do not have to prove that the airline was negligent. If an “accident” (an unusual, external event) on the aircraft, or while embarking or disembarking, caused your injury, the airline is liable for your damages up to this limit. An airline is allowed certain defenses and can claim its actions did not cause the injury.
Negligence-Based Liability (Tier Two): The airline can be responsible for damages over the 151,880 SDR limit; however, to recover this higher amount, the passenger must prove that the airline was negligent in causing the injury. Under tier two, the burden is on the injured person to show that the airline’s conduct was unreasonable in causing the injury.
The Convention also provides important protection for:
Baggage: Airlines are liable for damaged, delayed, or lost baggage up to a limit of approximately $2,019 (1,519 SDRs) per passenger.
Delays: Depending on the circumstances, airlines can be liable for delay-related damages up to approximately $8,579 (6,303 SDR) per passenger.
Your Rights and Next Steps
Ball Eggleston attorney Chris Stevenson understands the Montréal Convention and has helped multiple injured persons recover damages when injured on an international flight. From injuries related to falls, hot coffee spills, concussions, and even death, Chris has been able to help his clients navigate the complicated rules related to international travel. If you have suffered a significant injury caused by an airline while traveling internationally, contact Ball Eggleston to assist you in the process of making a claim under the Montréal Convention.