An Overview of the Montreal Convention and Its Role in Aviation Injury Claims
Air travel is one of the most common forms of transportation, allowing people to cross the globe quickly and efficiently. International standards help keep passengers safe when flying commercially. However, accidents and injuries during air travel remain a concern. When passengers suffer injuries while travelling on an international flight, understanding their rights and the process to follow can be confusing.
The Montreal Convention, officially known as the Convention for the Unification of Certain Rules for International Carriage by Air, is a key international treaty that establishes airline liability for injuries or death, delays, and damages to passengers and their baggage. It provides a standardized framework for handling claims related to aviation injuries, ensuring that passengers have a clear path to obtaining compensation.
For anyone injured while flying internationally, the Montreal Convention likely governs where you can bring a claim, who may be responsible, and how much you can claim for. Read on as we discuss the scope of the convention, the protections it offers to injured passengers, and how legal counsel can assist in pursuing compensation.
Who Is Eligible to Make Claims Under the Montreal Convention?
The Montreal Convention was developed to create uniformity in international air travel claims, replacing the earlier Warsaw Convention, which had been in place since 1929. The treaty has been ratified by more than 130 countries, including Canada, the United States, and much of Europe, Asia, and Africa, making it the prevailing standard for aviation liability across international flights.
The convention applies specifically to international air travel, meaning that its provisions cover flights that involve travel between 2 different countries that have ratified the treaty. If an injury, loss, or delay occurs on a domestic flight within a country, the convention would not apply. Instead, national or provincial laws would be applicable.
The Montreal Convention establishes “strict liability” on airlines for bodily injuries that passengers suffer during international air travel. They are strictly liable up to approximately $290,000 CAD if the passenger can establish they sustained an injury due to an accident while on the aircraft, or in the process of boarding or exiting the aircraft.
Claims under the convention are subject to a 2-year statute of limitations from the date of your injury.
What Does the Montreal Convention Offer to Injured Passengers?
The concept of “strict liability” means that a passenger does not have to prove that the airline was negligent. If the injury happened under qualifying conditions, the airline is automatically responsible for compensating the injured passenger, up to the set limit.
Since December 28, 2024, an airline’s strict liability limit for death or bodily injury of a passenger has been capped at 151,880 in special drawing rights (SDR). SDR is a type of international currency based on the value of a basket of major currencies like the U.S. dollar and Euro, so its value in Canadian dollars changes daily. As of April 4, 2025, this amount of SDR translates to roughly $290,000 CAD.
If the injured party can prove airline negligence, such as failure to maintain safe boarding conditions, improper handling of equipment, or inadequate safety measures, the airlines liability may exceed the standard limits. This means passengers may be entitled to full compensation for medical expenses, lost wages, and other damages like pain and suffering related to the injury.
If an airline is found at fault for an accident, an injured passenger can claim more than $290,000 CAD in compensation. For example, a government investigation of a plane crash may reveal the pilot was negligent in his decision to land given hazardous conditions (such as high winds) or the landing itself was negligent.
Compensation under the Montreal Convention is not an automatic payment since injured parties must prove their damages. Simply being on the plane and surviving does not trigger compensation. This is why it is important to immediately speak with an aviation injury lawyer.
Qualified Legal Counsel Can Help Your Potential Aviation Injury Case
Although the Montreal Convention simplifies the liability process for aviation injury claims, navigating the claims procedure is still complex. Airlines and their insurers often attempt to minimize payouts or argue that an injury occurred outside the scope of the treaty.
An experienced Alberta aviation injury lawyer from our firm can determine whether your injury falls under the provisions of the Montreal Convention. If your accident and resulting injury occurred on an international flight you may have a viable claim. In addition to plane crashes, falling baggage from overhead bins, spilled hot beverages, and being struck by service carts may all lead to viable claims.
Medical records, witness statements, and expert testimony can strengthen an aviation injury claim. Our team can help you obtain the necessary documentation, ensuring that the airline cannot simply dismiss the claim due to lack of evidence.
Airlines and their insurers often dispute claims, by downplaying the severity of injuries and questioning the relevance of expenses. They may use these arguments as grounds to offer you less than you deserve in a settlement. We can tell you if an offer is fair or not based on our experience.
Call Us If You Were Injured on an International Flight
If you or a loved one has suffered an injury on an international flight, understanding your rights under the Montreal Convention and seeking legal counsel is highly recommended.
Our Calgary aviation injury lawyers provide free initial consultations where you can explain your situation to us in detail. Since we only work on contingency, we do not charge any legal fees unless we win your case.
Please call our 24-hour toll-free line at 1-888-494-7191 to book an appointment with our legal team today. We also welcome walk-in visitors at our downtown Calgary office.
