Passenger Liability under the Montreal Convention

• Author: John D. Holding
• Pages: 15-29

Chapter 3: Passenger Liability under

the Montreal Convention

A. DEATH AND BODILY INJURY

1) Ambit of Liability

Under the Montreal Convention, the carrier is liable for damage

sustained in the case of death or bodily injury to a passenger,

• caused by accident,

• on board the aircraft or in the course of any of the opera-

tions of embarking or disembarking.1

a) “Accident”

Article 17, in referring to the above conditions of liability, uses the

words “the accident which caused the death or injury.” It follows

that the carrier is liable only for death or injury caused by accident.

As held by the United States Supreme Court in the leading

case of Air France v. Saks,2in order to constitute an “accident,”

1 Montreal Convention, art. 17, para. 1.

2 105 S Ct. 1338 (1985), 18 Avi. 18538; see also Chaudhari v. British Airways

Plc., 1997 Times 7 May (C.A.).

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