Lawyer Monthly Magazine - April 2019 Edition

To which major air law treaties related to carrier liability for passenger injury or death is your state a party? The United States is a party to several major air law treaties related to carrier liability for passenger injury or death including the Montreal Convention which succeeded the Warsaw Convention. However, the Montreal Convention prevails over any rules which apply AVIATION to international carriage by air. It is important to note that the different district and state courts of the United States sometimes have different interpretations of the Montreal / Warsaw Convention. Do the courts in your state interpret the similar provisions of the Montreal Convention and the Warsaw Convention in the same way? Yes, the Montreal Convention and Warsaw Convention are generally interpreted in the same way. For example, in Illinois where our firm is located, the Appellate Court has discussed this issue in a 2016 case, stating, Article 17 is “identical to its predecessor, the Warsaw Convention, and precedents discussing this article of the Warsaw Convention are generally also applicable to the Montreal Convention.” 1 In some instances, the Montreal Convention replaced and further clarified some protections offered to passengers by the Warsaw Convention. Do the courts in your state consider the Montreal Convention and Warsaw Convention to provide the sole basis for air carrier liability for passenger injury or death? No, the Montreal Convention and Warsaw Convention only relate to international travel. However, for international travel, these treaties do provide the sole basis for air carrier liability for passenger injury or death because, as a treaty of the United States, the Montreal Convention is the supreme law of the land. The Convention applies to personal injury actions when Nolan Law Group represents victims and families of victims of domestic and international aviation accidents. Its respected team of trial lawyers consistently develops successful litigation strategies in even the most difficult cases, and it does so while recognizing and honoring the individual needs of each of its clients. Getting in touch with Donald Nolan, we talk about the air law treaties which protect injured passengers and how courts interpret the conditions for air carrier liability. the alleged harm occurred on board an international flight or in the process of embarking or disembarking from an international flight. Thus, when a claim falls within the scope of the Montreal Convention for International Carriage by Air, a passenger’s exclusive remedy is through the Convention and all other claims are preempted – even if the terms of the Convention would not allow recovery. In your state, who is considered to be a ‘carrier’ under the Montreal and Warsaw Conventions? Under United States law, a “carrier” is defined when a principal makes a contract of carriage governed by the Montreal Convention with a passenger or consignor, by virtue of authority from the contracting carrier. How do the courts in your state interpret the conditions or air carrier liability - ‘accident’, ‘bodily injury’, ‘in the course of any of the operations of embarking or disembarking’- for passenger injury or death inarticle17(1) of theMontreal Convention and article 17 of the Warsaw Convention? Each of these terms have Don’t Fly Blind During Air Disasters: Passenger Injury and Response “The United States is a party to several major air law treaties related to carrier liability for passenger injury or death including the Montreal Convention which succeeded the Warsaw Convention” Contact Donald J Nolan Founder, NOLAN LAW GROUP 20 N. Clark Street Suite 3000 Chicago, Illinois 60602 Tel: 312.630.4000 Email: contact@nolan-law.com www.nolanlawgroup.com www. lawyer-monthly .com 78 Expert Insight APR 2019