Passenger Liability under the Warsaw Convention

AuthorJohn D. Holding, John S. Hoff
[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.
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.

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