The first consideration when someone is injured while on an airplane is the place of departure and final destination. Whether the flight was domestic or international changes the rules that apply.

While in both cases an injured party may be able to recover compensation, if the flight is international, the route of compensation is governed by the Montreal Convention.

The Montreal Convention is an international treaty signed by many countries in 1999. It provides a framework to compensate passengers injured while embarking, disembarking, or onboard the aircraft. If you were injured while getting on or off the plane, or while the plane was in flight, the Montreal Convention may apply.

For the Montreal Convention to apply, the country where the flight departed from and the country where the flight’s final destination must be signatories to the Convention.

For international flights landing in Canada, the first question to ask is whether the departing country signed on to the Convention.

 

The Montreal Convention: Strict Liability

The benefit of the Montreal Convention is that liability is strict. This means that a claimant only needs to show that their injury was caused by the airline and/or their staff to be compensated. They do not need to prove negligence.

Domestic Flights: Proving Negligence

Comparatively, if a claimant is injured on a domestic, Canadian flight, the general law of torts applies. This requires the claimant to prove that the airline and/or their staff were negligent to receive compensation.

Potential Downsides of the Montreal Convention

While not having to prove negligence is a benefit of the Montreal Convention, there are some potential downsides.

• Bodily Injuries Only: Only bodily injuries are compensable. This means that for a claimant to receive compensation, they must be physically injured. It may be possible to receive compensation for both physical and psychological injuries together, but this is not always straightforward. Some courts require a causal connection between the physical and psychological injury for the psychological injury to be compensable.
• Cap on Damages: The Montreal Convention imposes a cap on damages based on exchange rates and special drawing rights. This means that if someone is very seriously injured, some of their provable damages may go uncompensated.

If you are injured on a flight, whether domestic or international, it is best to contact a personal injury lawyer in the jurisdiction where your flight landed so they can advise you of your rights.

 

At Virk Personal Injury Law, we understand the complexities of aviation injury cases and are here to help you navigate the legal landscape to ensure you receive the compensation you deserve.