An international airline crash occurs when a plane crashes outside the borders of the United States. Because of foreign country’s laws and different regulations, many complexities can arise out of these types of cases. If you or a loved one has been injured in an international airline crash, it’s important to understand your rights under international law. The Montreal Convention, which amended provisions of the Warsaw Convention, governs how and under what circumstances travelers may file a suit against airlines or other liable parties. Local laws and even United States laws may apply in certain incidences.
The Montreal Convention
Formally known as the Convention for the Unification of Certain Rules for International Carriage by Air, the Montreal Convention is an international treaty that was adopted in 1999. It set the framework for an international airline passenger’s rights and ability to receive financial compensation in the event of an accident or injury. Under this convention, airlines are strictly liable for damages under 100,000 SDR if a passenger’s injury occurred on board the aircraft or while embarking or disembarking. If damages exceed 113,100 SDR, then the burden of proof shifts to the airline to prove that they did not behave negligently. Most importantly, the Montreal Convention carries a two year statute of limitations, meaning that a suit cannot be filed outside this time frame.
International Airline Crashes (2010-2016)
According to the data, 2016 was one of the safest years in aviation history. Indeed, airline safety has steadily improved over the years (for example, 1972 saw 2,370 deaths from 72 fatal accidents), but that does not mean that crashes do not occur.
Source: Aviation Safety Network
International Legal Challenges
Given the immense legal challenges and logistical questions that typically arise after an international airline crash, victims should arm themselves with excellent legal assistance. Fortunately, the plane crash attorneys at Panish Shea & Boyle LLP can provide you a free, zero-obligation consultation about your matter.
Our firm has won numerous landmark aviation accident cases matters, and we’ve obtained multi-million dollar settlements and verdicts for many of our clients. Our aggressive, thorough approach has earned us top honors. For instance, the National Law Journal recently named Panish Shea & Boyle LLP as one of America’s Elite Trial Lawyers. Get the help you need now by contacting us today.