2. Under the Montreal Convention

Death or Bodily Injury of Passenger

Under the Montreal Convention, liability arises for damage sustained in the event of the death or bodily injury of a passenger, provided only that the accident causing such death or injury occurred on board the aircraft or during any of the operations of embarking or disembarking (Art. 17(1), MC)¹.

Requisites:

• A passenger died or sustained bodily injury;
• The injury or death was caused by an accident; and
• The accident occurred on board the aircraft or in the course of embarking or disembarking.

LOST OR DELAYED BAGGAGE

When Limits Not Applicable

The Article 22 limits for delay in carriage of persons and for baggage shall not apply if it is proved that the damage resulted from:

• An act or omission of the carrier, its servants or agents;
• Done with intent to cause damage or recklessly; and
• With knowledge that damage would probably result; and
• In the case of such act or omission of a servant or agent, it is also proved that such servant or agent was acting within the scope of its employment. (Art. 22, MC)²

For passenger death or bodily injury, Article 21’s two-tier liability rules apply.