Commentary

47 Liability for death and injury of passengers

CARRIERS vol 6(1)B
| Commentary

47 Liability for death and injury of passengers

| Commentary

C: LIABILITY UNDER THE MONTREAL CONVENTION 1999 AND THE WARSAW CONVENTION SYSTEM

47 Liability for death and injury of passengers

Carrier liability for death, wounding, or any other bodily injury suffered by a passenger is strict, subject to certain available defences and limitations, under the Montreal Convention and every version of the Warsaw Convention where passengers can meet three factual tests1. First, that the injury was caused by an ‘accident’. Second, that the accident happened ‘on board the aircraft or in the course of any of the operations of embarking or disembarking’. And third, that the injury comprises ‘death’, ‘wounding’ or

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