Call Us Now
202-463-3030
Schedule a Free Consultation
Established in 1999 to modernize outdated aviation laws, the Montreal Convention creates a uniform legal framework across more than 130 countries. It sets liability limits, defines carrier responsibilities, and establishes where injured passengers can file claims.
Understanding how this treaty works is essential for anyone pursuing compensation after an in-flight injury, airline accident, or lost and damaged baggage on an international journey. At Regan Zambri Long, our aviation accident lawyers help passengers understand their rights and hold airlines accountable when something goes wrong in the air or on the ground. Contact us today to learn more with a free consultation.
Complete this form and our team will get back to you as soon as possible
The Montreal Convention covers three main categories of airline passenger claims:
Damage, loss, or delay of checked baggage or cargo
Flight delays that result in specific financial harm
Under Article 17 of the Montreal Convention, airlines are automatically liable for passenger injury or death if it results from an “accident” that happened on board the aircraft or while boarding or disembarking. However, strict limitations and conditions may apply to this coverage.
The Montreal Convention does not cover every injury or loss that happens during air travel. Some limits include:
Injuries that happen outside the time of “international carriage,” such as after you’ve left the gate or are in the terminal
Injuries caused by medical conditions that were not made worse by the flight
Baggage damage that occurred outside the care of the airline
The treaty also does not cover domestic flights unless they are part of an international itinerary under a single ticket.
The treaty applies to any passenger traveling internationally on a flight between two member countries, or between two points within a single country if there is a scheduled stop in another country.
Here’s how that breaks down:
You fly directly from Washington, DC to Paris, France – treaty applies
You fly from New York to Tokyo with a layover in Los Angeles – treaty applies
You fly from Boston to Atlanta – treaty does not apply
You fly from Dulles to Toronto, then drive to your final destination – treaty likely applies to the flight portion
Passengers don’t have to be citizens of the countries involved. The Montreal Convention usually applies as long as the ticket is for international travel between treaty member countries.
The treaty only applies to injuries caused by an “accident.” Courts have interpreted this word to mean something unusual or unexpected that happens during the flight or during boarding or disembarking.
Examples of airline injuries that may qualify:
Burns from spilled hot coffee during in-flight service
A bag falling from the overhead bin and striking a passenger
Slipping and falling on a wet jet bridge while boarding
Being hit by a service cart during turbulence
Exposure to toxic fumes or chemicals on board
Injuries during turbulence may or may not qualify, depending on whether the airline failed to warn passengers or was negligent in its response.
The treaty usually doesn’t cover medical emergencies that do not result from airline actions. However, if the airline failed to respond appropriately or delayed needed care, that might give rise to a claim.
You may be entitled to compensation from the airline if you suffer an injury during a qualifying international flight. The Montreal Convention creates a two-tier system of liability:
Strict liability for damages up to 128,821
Special Drawing Rights (SDRs), which is about $170,000 as of current exchange rates
Additional compensation if the airline is found negligent unless it can prove the injury was not its fault
SDRs are a unit of currency used by the International Monetary Fund. Their value changes regularly. Thus, the compensation limits shift with economic conditions.
The treaty also imposes a two-year deadline for filing a claim. This is shorter than many state personal injury time limits. If you were hurt, it’s important to act quickly.
The first thing to do after an in-flight injury is to seek medical attention and report the incident to airline staff. Then, take the following steps:
Get a written report from the airline or cabin crew if possible
Keep your boarding pass, ticket, and any baggage claim information
Record names and contact info of any witnesses
Take photos of your injury or what caused it (such as spilled food or broken seat hardware)
Request copies of your medical records
Avoid signing waivers or accepting early settlement offers
Then, speak with an aviation injury attorney familiar with the Montreal Convention.
The process of filing an injury claim under the treaty can be complex. The airline may dispute what counts as an “accident,” or argue that the injury occurred outside the time of international carriage. Having a legal advocate on your side helps protect your rights and builds a strong case.
These cases require knowledge of both international treaties and aviation industry practices. A qualified lawyer can help by:
Determining whether the Montreal Convention applies
Calculating damages using SDRs and medical records
Gathering expert opinions on airline procedures or safety failures
Negotiating with airline insurers
Filing a lawsuit if the airline refuses to pay
At Regan Zambri Long, we have years of experience handling airline injury cases, including those covered by international law. Our attorneys understand what it takes to win compensation and how to present strong evidence of an accident under the treaty’s definitions.
We’ve recovered millions of dollars in complex transportation-related cases and have the resources to stand up to large airlines and insurance companies.
Regan Zambri Long is one of the most respected personal injury firms in the Washington, D.C. area. We serve clients injured on flights departing from or arriving at Dulles International Airport, Reagan National Airport, and beyond.
One of our notable results includes a multi-million-dollar recovery for a client severely injured due to a transportation company’s failure to follow basic safety protocols—demonstrating our ability to hold large carriers accountable.
You don’t have to take our word for it when we suggest ours is the right firm to handle your case. Consider what just one former client has to say about the quality of the service we provide: “They are more than just attorneys – they are compassionate advocates who understand the human side of legal challenges. Their strategic approach and deep legal knowledge were evident throughout the entire process. The settlement we received not only provided some financial security during an incredibly difficult time, but it also gave us a sense that justice was served. If you’re searching for a legal team that combines professional excellence with genuine human empathy, look no further.”
Don’t worry if you’re not sure you can justify the cost of hiring a lawyer during this difficult and financially stressful time. We offer our services on a contingency fee basis. This means that we don’t charge upfront fees for our legal services. Our fee is a percentage of the compensation our client ultimately receives. In other words, we only get paid if you get paid.
We provide compassionate, thorough legal support during a stressful time. If you were hurt during an international flight, let us help you understand your rights under the Montreal Convention and fight for the compensation you’re owed. Get started by contacting us today for a free consultation.
Have you or your loved one sustained injuries in Washington DC, Maryland or Virginia? Regan Zambri Long PLLC has the best lawyers in the country to analyze your case and answer the questions you may have.