Passenger Liability under the Warsaw Convention

• Author: John D. Holding, Q.C., MRAeS
• Pages: 35-45

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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.

A. DEATH AND BODILY INJURY

1) Ambit of Liability

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

ily injury to a passenger,

caused by 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.

a) “Accident”

For commentary on the meaning of “accident”, see Chapter 3, Section

A(1)(a) above.

1 Warsaw Convention, art. 17.