Legal Definitions - Warsaw Convention

The Warsaw Convention is an international treaty that was established in Warsaw, Poland, in 1929. Its primary purpose is to create a uniform set of rules governing the liability of airlines for personal injuries or death suffered by passengers during international air travel.

Before this convention, different countries had varying laws regarding airline liability, which created confusion and inconsistency for passengers and carriers alike. The Warsaw Convention sought to standardize these rules, particularly concerning:

• The circumstances under which an airline is responsible for passenger injuries or death.
• A maximum financial limit (a "cap") on the amount of compensation an airline must pay for each passenger in the event of an accident.
• The conditions under which this liability limit might be exceeded, such as in cases of an airline's "willful misconduct."
• A time limit within which a lawsuit for damages must be filed.

It applies to incidents occurring on board the aircraft or during the processes of embarking (boarding) or disembarking (leaving the aircraft).

Here are a few examples of how the Warsaw Convention might apply:

• Example 1: Standard Injury Claim Within Limits

  During an international flight from London to New York, a passenger named Ms. Chen is injured when the aircraft experiences unexpected severe turbulence, causing her to hit her head on the overhead bin. She suffers a concussion and requires medical treatment. Under the Warsaw Convention, the airline would be liable for her injuries, but its financial responsibility would be capped at the Convention's specified limit, regardless of the actual cost of her medical care or lost wages, unless a higher limit was agreed upon or willful misconduct was proven.

• Example 2: Claim Exceeding Liability Limits Due to Willful Misconduct

  An airline's maintenance crew on an international flight from Paris to Tokyo knowingly ignored a critical, documented engine defect to avoid flight delays. During the flight, the engine fails, leading to an emergency landing and several passengers sustaining serious injuries. If it can be proven that the airline's decision to fly with a known, critical defect constituted "willful misconduct," the airline's liability for passenger injuries could exceed the financial limits set by the Warsaw Convention, potentially allowing injured passengers to claim full compensation for their damages.

• Example 3: Time Limit for Filing a Lawsuit

  Mr. Davies was injured during an international flight from Rome to Sydney when a piece of luggage fell from an overhead compartment, hitting his shoulder. He initially thought the injury was minor but later developed chronic pain. If Mr. Davies waits more than two years from the date of the incident to file a lawsuit against the airline for his injuries, the Warsaw Convention's time limitation would likely prevent his claim from proceeding, even if the airline would otherwise be liable.