Legal Definitions - Montreal Agreement

The Montreal Agreement is a specialized, private arrangement adopted by most international airlines. Its primary purpose is to modify certain rules established by an older international treaty called the Warsaw Convention, specifically concerning an airline's liability for passenger injuries or death during international air travel.

Developed in the mid-1960s, largely in response to concerns from the United States that the Warsaw Convention's liability limits were too low, the Montreal Agreement significantly changed the landscape for passenger compensation. Under this agreement, participating airlines committed to:

• Waiving the previous low liability limits: It removed the much lower compensation caps (which were around $20,000) set by the original Warsaw Convention.
• Increasing the liability limit: It raised the maximum amount an airline could be held liable for in cases of passenger death or personal injury to $75,000 per passenger.
• Establishing absolute liability: For claims up to this $75,000 limit, airlines agreed to be absolutely liable. This means they are responsible for damages even if they were not negligent, and they generally cannot use "due-care" defenses (arguing they took all reasonable precautions) to avoid paying compensation. The only exception is if the passenger's own negligence caused or contributed to their harm.

This agreement specifically applies to international flights that either originate in, make a scheduled stop in, or terminate in the United States.

Examples:

• Example 1: In-Flight Injury on a U.S.-Bound Flight

  Imagine a passenger flying from London to Miami who experiences a sudden, severe jolt during unexpected turbulence, causing them to hit their head and suffer a concussion. Even if the airline can demonstrate that the turbulence was unforeseen and unavoidable, and that the crew followed all safety protocols, the Montreal Agreement would likely hold the airline absolutely liable for the passenger's injuries up to $75,000. The airline cannot simply argue it exercised "due care" to avoid responsibility because the flight was terminating in the United States, triggering the agreement's provisions.

• Example 2: Medical Emergency on a U.S.-Originating Flight

  A passenger suffers a fatal stroke shortly after an international flight departs from Chicago, bound for Rome. While the airline might argue that it had no way to foresee or prevent the passenger's medical condition, the Montreal Agreement would still make the airline absolutely liable for damages to the passenger's estate or family, up to $75,000. This is because the flight originated in the United States, triggering the agreement's provisions, which remove the need to prove airline negligence for compensation up to that limit.

• Example 3: Injury During a U.S. Stopover

  Consider a traveler on a flight from Mexico City to Vancouver with a scheduled layover in Los Angeles. While disembarking during the stopover, the passenger slips on a loose piece of carpet in the jet bridge and breaks an ankle. Even if the airline contends that the carpet became loose moments before and was not immediately detectable by their staff, the Montreal Agreement would impose absolute liability on the airline for the passenger's medical expenses and other damages, up to $75,000. The fact that the flight involved a stop in the United States brings it under the scope of this agreement, making the airline responsible without requiring proof of their fault.