Passenger Liability under the Montreal Convention

AuthorJohn D. Holding
Chapter 3: Passenger Liability under
the Montreal Convention
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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