In 1929, the Warsaw Convention was established to provide assistance to individuals who sustain injuries or pass away during air travel. If a passenger experiences an unfortunate incident while on board, the airline is accountable for providing financial aid. The maximum amount the airline is obligated to pay is 125,000 francs, unless they voluntarily agree to pay more or intentionally caused harm. Claimants have a two-year window to request compensation, and if the airline fulfiled their responsibilities, they are not required to pay anything.
The Warsaw Convention, negotiated in Warsaw, Poland in 1929, is an international treaty that establishes rules for claims related to personal injuries during international air travel. The United States is a party to this treaty. According to the Convention, airlines are responsible for accidents that occur on board the aircraft or during the process of embarking or disembarking. The airline’s liability for bodily injury or death suffered by a passenger is limited to a preset monetary ceiling of 125,000 francs, unless a higher limit is agreed upon by the carrier and passenger. However, if the carrier is found to have engaged in ‘willful misconduct,’ it may be held liable for more than the preset limit. The Convention also sets a two-year time limit for filing a lawsuit and relieves the carrier of liability if it can demonstrate that due care was exercised. For instance, if a passenger is injured during a flight from New York to Paris, the airline may be held accountable for the injuries under the Warsaw Convention. Nevertheless, if the airline can prove that it acted with due care and did not engage in willful misconduct, it may not be held responsible for the passenger’s injuries.
The Warsaw Convention, also known as the Convention for the Unification of Certain Rules Relating to International Carriage by Air, is an international treaty that governs the liability of airlines for international air travel.
The Warsaw Convention covers various aspects of international air travel, including the liability of airlines for death, injury, or damage to passengers, baggage, or cargo during international flights.
No, the Warsaw Convention only applies to international flights. Domestic flights are governed by the laws and regulations of the respective country.
The liability limit under the Warsaw Convention is currently set at 19 Special Drawing Rights (SDRs) per kilogram for baggage and cargo, and 113,100 SDRs per passenger for death or injury. However, these limits can be higher if the airline can prove that the damage was caused by the passenger’s own negligence.
In certain circumstances, it may be possible to sue an airline for more than the Warsaw Convention’s liability limit. For example, if the airline’s conduct was willful or reckless, or if the damage was caused by a defect in the aircraft, you may be able to seek additional compensation.
No, the liability limits set by the Warsaw Convention are mandatory and cannot be waived by the passenger or the airline.
Yes, you can file a claim under the Warsaw Convention if your baggage was lost or damaged during an international flight. However, it is important to note that the airline may argue that they are not liable if they can prove that the damage was caused by factors outside their control.
Under the Warsaw Convention, you generally have two years from the date of arrival at the destination or the date on which the aircraft should have arrived to file a claim. However, it is advisable to consult with a legal professional to understand the specific time limits that may apply in your case.
No, the Warsaw Convention does not provide for compensation for emotional distress. It primarily focuses on physical injuries, death, and damage to baggage or cargo.
If you miss the two-year time limit to file a claim under the Warsaw Convention, you may lose your right to seek compensation. However, there may be exceptions or extensions to the time limit in certain circumstances, so it is advisable to consult with a legal professional to explore your options.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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