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What is the limitation period for someone injured in an airliner that took off from Heathrow and landed in Bangkok? The injury sustained was scalding suffered over France.

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Published on LexisPSL on 26/06/2019

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  • What is the limitation period for someone injured in an airliner that took off from Heathrow and landed in Bangkok? The injury sustained was scalding suffered over France.

What is the limitation period for someone injured in an airliner that took off from Heathrow and landed in Bangkok? The injury sustained was scalding suffered over France.

There are two Conventions to consider governing the liability of air carriers for loss, injury and damage sustained in the course of, or arising out of, international air travel. Those are the Warsaw Convention amended by the Hague Protocol in 1955 and the Montreal Convention. To determine which Convention applies:

  1. if both the departure and destination states are signatories to the Montreal Convention, that Convention will be applicable

  2. if one State Party is a signatory to the Montreal Convention and the Warsaw Convention but the other is a signatory only to the Warsaw Convention, the Warsaw Convention will apply

  3. if both State Parties are signatories only to the Warsaw Convention, that Convention will be applicable

  4. if the two State Parties are signatories to different Conventions, domestic law will apply under normal jurisdictional rules

A list of State Parties can be found at the International Civil Aviation Organization website.

Where the Montreal Convention applies, Article 33 sets out the

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