If you are injured during an international flight, your rights are not determined solely by the airline’s ticket terms or internal policies.

In many cases, claims arising from injuries sustained during international air travel are governed by the Montreal Convention — an international treaty that establishes when airlines may be liable for passenger injuries and where legal claims can be brought.

The Convention applies to most international flights involving Canada, the United States, Europe, and many other countries.

 

What Counts as an “Accident”?

One of the most important issues under the Montreal Convention is whether the injury was caused by an “accident.”

Interestingly, the Convention itself does not define the term.

Courts around the world have instead developed the legal test. In Air France v. Saks, the U.S. Supreme Court held that an accident is:

“an unexpected or unusual event or happening that is external to the passenger.”

In practical terms, this means the focus is generally on what happened during the flight — not simply on the passenger’s internal medical condition.

 

Examples of Events That May Qualify as an “Accident”

Courts have found that the following types of incidents may qualify:

• luggage falling from overhead compartments;
• beverage spills causing burns;
• service carts striking passengers;
• turbulence-related injuries;
• slips or falls caused by unusual conditions onboard; and
• other unexpected events occurring during boarding, flight, or disembarkation.

 

Events That May Not Qualify

By contrast, courts have sometimes found that the following situations do not qualify as “accidents”:

• heart attacks caused solely by internal medical conditions;
• deep vein thrombosis (DVT) developing during ordinary flight conditions; or
• injuries arising from the normal operation of the aircraft without any unusual event.

Each case remains highly fact-specific.

 

Important International Cases

Several courts internationally have shaped how the Montreal Convention is interpreted.

Air France v. Saks

Established the well-known requirement that the event be “unexpected or unusual” and external to the passenger.

Niki Luftfahrt GmbH v. Laimer

The Court of Justice of the European Union held that a hot coffee spill could qualify as an accident, even where the incident did not arise from a traditional aviation hazard such as turbulence.

GN v. ZU

The Court confirmed that an “accident” can occur even if the airline itself did nothing negligent. The focus is on the event and its effect on the passenger.

Barclay v. British Airways Plc

The Court clarified that slipping on a standard, non-defective part of an aircraft may not qualify as an accident where there was nothing unusual about the event itself.

Compensation Limits Under the Montreal Convention

The Montreal Convention uses a two-tier liability system.

Compensation is measured using “Special Drawing Rights” (“SDRs”), an international monetary unit used under the treaty.

Tier 1: Strict Liability

For the first level of damages, the airline is strictly liable.

This means an injured passenger generally does not need to prove negligence. Instead, the passenger must establish:

• that an “accident” occurred; and
• that the accident caused the injury.

As of December 28, 2024, the strict liability threshold is 151,880 SDRs — roughly equivalent to approximately $285,000 CAD, depending on currency exchange rates.

These limits are periodically reviewed internationally to account for inflation.

 

Tier 2: Claims Beyond the Threshold

Where damages exceed the strict liability threshold, the airline may avoid additional liability only if it proves:

• it was not negligent; or
• the damage was caused solely by a third party.

 

Where Can a Claim Be Brought?

The Montreal Convention permits claims to be commenced in one of five possible jurisdictions.

These include:

1. the airline’s ordinary residence;
2. the airline’s principal place of business;
3. the place where the ticket was purchased;
4. the passenger’s final destination; or
5. the passenger’s principal and permanent residence, provided the airline operates there.

These jurisdictional rules can become particularly important in cross-border injury claims.

 

Time Limits Matter

Claims under the Montreal Convention are subject to strict limitation periods.

In many cases, a lawsuit must be commenced within two years.

Preserving evidence can also be important, including:

• photographs;
• medical documentation;
• witness information;
• airline incident reports; and
• boarding and travel records.

 

Contact Rotondo Law Firm Professional Corporation

If you were injured during international air travel, Rotondo Law Firm Professional Corporation may be able to assist.

Our firm represents individuals in serious personal injury and cross-border litigation matters, including claims arising from international air travel and transportation-related accidents