Passenger Liability under the Warsaw Convention

• Author: John D. Holding, John S. Hoff
• Pages: 53-64

[53 ]

Chapter 4: Passenger Liability under the

Warsaw Convention

Note: For commentary and case law on those provisions common to

both the Montreal and Warsaw Conventions, see the references to

Chapter 3 set out below.

In the original Warsaw Convention, the American translation uses

the term “transportation,” rather than the term “carriage” which is

used throughout the protocols and the Montreal Convention. For con-

sistency, the term “carriage” is used throughout the text.

A. DEATH AND BODILY INJURY

1) Scope of Liability

The carrier is liable for damage sustained in the case of death or bodi-

ly injury to a passenger,

caused by an “accident,” ◆

on board the aircraft or in the course of the operations of em- ◆

barking or disembarking.1

These provisions are the same as corresponding provisions in the

Montreal Convention.

1 Warsaw Convention, Art. 17.