Simple English definitions for legal terms
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The Warsaw Convention is a set of rules that were made in 1929 to help people who get hurt or die while traveling on an airplane. If something bad happens to a passenger on a plane, the airline is responsible for paying money to help them. The most the airline has to pay is 125,000 francs, unless they agree to pay more or did something really bad on purpose. People have two years to ask for this money, and if the airline did everything they were supposed to do, they don't have to pay anything.
The Warsaw Convention is an international treaty that was negotiated in Warsaw, Poland in 1929. It consists of a set of rules that govern claims made for personal injuries that occur during international air travel. The United States is a party to this treaty.
Under the Warsaw Convention, airlines are held responsible for accidents that occur on board the aircraft or during the process of embarking or disembarking. The airline is liable for up to a preset monetary ceiling for any bodily injury or death suffered by a passenger. The Convention limits the liability of the carrier for each passenger to the sum of 125,000 francs, unless the carrier and passenger agree to a higher limit of liability. However, if it can be established that the carrier has been guilty of 'willful misconduct,' the carrier may be held liable for more than the preset limit.
The Convention also contains a two-year time limitation for bringing a lawsuit, and absolves the carrier from liability if it can be shown that the carrier exercised due care.
For example, if a passenger is injured during a flight from New York to Paris, the airline may be held liable for the passenger's injuries under the Warsaw Convention. However, if the airline can prove that it exercised due care and was not guilty of willful misconduct, it may not be held liable for the passenger's injuries.