Injuries on International Flights & Airline Liability
Have you ever wondered what law applies while you are travelling on an international flight? You may not know that for international travel, airlines are most often governed by an international treaty commonly known as the Montreal Convention. What does the treaty mean to you? Amongst other things, it means that if you are injured or killed during an international flight, your legal rights to compensation may be affected.
In Canada, the Carriage by Air Act gives effect to the Montreal Convention (“Convention”), which was designed to unify certain rules relating to international carriage of persons by air.
The following criteria must be met for the Convention to apply:
• There must be a contract or agreement for a flight itinerary.
• The place of departure and place of destination must both be countries that have ratified the Convention.
• The Convention still applies if a passenger visits or has a layover in a country that has not ratified the Convention so long as the place of departure and final destination is a country that has ratified the Convention.
• Domestic flights do not qualify, even if it flies over international air space, unless it involves a layover in a different country.
• You must have been injured while on the airplane or in the process of getting on or off an airplane.
For example, a flight from Canada to Germany would trigger the Convention to apply because both countries have ratified the treaty.
A one-way ticket from Canada to Zimbabwe would not trigger the Convention because Zimbabwe is not a country that has ratified the treaty. However, a round-trip ticket would qualify because the place of departure and final destination is a country that has ratified the treaty.
A round-trip flight from Toronto to Halifax would not trigger the Convention because it is a domestic flight. However, if there was a layover or connecting flight in Boston, this itinerary would trigger the Convention to apply.
If you are injured on a flight where the Convention applies, your legal rights to compensation will be governed by its provisions. These provisions will also dictate how an airline may be found liable for any injuries you suffered. The provisions in the Convention are different from the laws and regulations which govern other personal injury matters in Ontario.
If you or a loved one has been injured while getting on or off an airplane or during an airplane flight—you may wish to consult with a law firm with specific expertise in this area. Oatley Vigmond Personal Injury Lawyers LLP represents the injured and families of those killed by negligence in their claims against insurance companies.
About the Authors
For Charles, practising personal injury law allows him to serve and empower individuals to overcome some of the most challenging times of their lives. His devotion to service is what motivates him to achieve the best possible outcome for his clients.