Airline injury victims on international flights are limited in the amount of money damages recoverable for injury and death. The limit is set by an agreement between member countries of a group governing international flight known as the International Civil Aviation Organization (ICAO). Over the years, since 1929, these limits have been changed through a series of international agreements known as the Warsaw Convention System. This system includes the Montreal Convention which set the current ceiling on recovery of money damages at $75,000 for passenger injury or death with a nexus to international flights.

Change is here. The Warsaw Convention System was revamped and consolidated by a new Montreal Convention which was announced in June 1999 by ICAO. The new convention released sweeping changes affecting international airline liability in a new comprehensive agreement to protect and compensate victims of international air accidents. This agreement, known as the new Montreal Convention does not go into effect until ratified by the ICAO member countries. Ratification is anticipated by the end of this year.

The major features and change in this new agreement affecting passengers on international flights is the concept of unlimited liability in cases of passenger injury or death. The agreement creates a two-tier level for the recovery of money damages based upon strict liability and increased money damages where fault of the airline is shown. The first tier provides for strict liability and caps money damages for injury and death at $135,000 irrespective of the airline's fault. The second tier provides unlimited liability for damages if the fault of the airline can be shown. Another important feature of the new agreement is the venue provision which provides suit to be filed in the country where, at the time of accident, the passenger had his or her principal and permanent residence (domicile). Remember the subject here involves airline injury with a nexus to international flight and the limits and restrictions discussed in this article do not apply to domestic flights in the United States.

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