Recently there has been a codification of the rules relating to compensation for international air flight. The rules have now been simplified so as to make it clear on how people can claim compensation when they have sustained an accident injury.
By virtue of a recent conference where over 100 nations including European Union adopted and accepted a new treating known as “Convention for the Unification of Certain Rules for International Carriage by Air”. This was signed in Montreal in 99. The Montreal 99 amendment confirms that individuals who have sustained injuries and damage as passengers on air flights are entitled to seek compensation for those.
This is very important for Australia. E.g. people travelling from Sydney to Bali return or Sydney to Fiji return or other countries who are signatories to the Convention would all be covered. Significant time limits apply. You have a strict period of 2 years.
Previously the relevant Warsaw Convention limited the jurisdiction where an action could be brought, that is the Court dealing with the matter would have to be a place where the actual carrier is residence or has its principal place of business. Under the new provisions there is now an additional jurisdiction element which allows an individual to bring a claim for damages in a Court where the Plaintiff himself has a principal and permanent residence and of course the airline carrier operates passengers’ services from that jurisdiction.
The critical question is how damages and compensation determined are. A person who therefore is entitled to commence proceedings in Australia can do so but the assessment of damages as is provided by Montreal 99 is determined by local laws. Therefore the local law of the State or Territory in which the proceedings brought is relevant.
The previous provisions applicable to the liability of air craft international carriers was the Warsaw Convention. The new Montreal 99 incorporated a lot of those provisions. The important provisions now as per before relate to article 17(1) which provides … “That a carrier is liable for damage sustained in the case of death or bodily injury of a passenger upon condition only that the accident that caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking.”
As can be seen from the definition the relevant word is accident. For example, if there is hearing loss caused by pressure changes as a consequence of a sudden dive of an aircraft this may be deemed as an accident as was decided in the New York Supreme Court case of Weintraub v International Airways 16CCH Av cases at 18058 as compared to.
Gerard Malouf & Partners Compensation Lawyers have extensive experience and success in such claims.
One client in an emergency evacuation procedure was injured but was able to successfully obtain international flight injury compensation.
When in doubt as to whether you do have rights it’s always best to talk to us and we can assess and investigate at no cost to you.
For free over-the-phone advice or to take advantage of our free face-to-face consultation call our expert legal international flight accident injury lawyers today on our Free Call Number 1800 004 878.