Montreal Convention: Your rights after an injury on a flight
If you’ve been injured while travelling on board a plane, whether as part of a package holiday or a separate international flight, the Montreal Convention 1999 may give you the right to claim compensation. Our specialist international injury lawyers handle these claims every day, including cases involving serious accidents on aircraft.
In this guide, we’ll cover:
- What the Montreal Convention is and when it applies to international flights
- When the Montreal Convention may not apply to your claim
- The types of accidents on a plane and in-flight incidents that can lead to compensation
- Time limits, and the evidence needed for a Montreal Convention claim
- Common challenges in international injury claims
- How the Montreal Convention works alongside UK personal injury law
- The countries and flights covered by the Montreal Convention
- Example claims using the Montreal Convention
- How our experienced team can help you claim compensation on a no win, no fee basis
What is the Montreal Convention?
The Montreal Convention 1999 governs international air travel and sets out the circumstances in which airlines can be held liable. It applies to international flights between countries that are signatories to the treaty and also covers domestic legs that are part of a single international booking (for example a booking of Manchester to London to New York).
At Fletchers, we primarily deal with the Montreal Convention in relation to liability for serious injury or fatalities. The treaty also provides protection for baggage loss or damage and certain flight delays, meaning it covers many of the issues passengers may face during international travel.
How the Montreal Convention works with UK law:
In the UK, the Montreal Convention is implemented through the Carriage by Air Act 1961. It takes precedence over domestic law, meaning you cannot bring a separate negligence claim if your injury falls within its scope. Claims are usually handled in the County Court or High Court, applying the treaty directly.
When an injury counts as an ‘accident’ under the Montreal Convention
A claim under the Montreal Convention arises when a passenger suffers an “accident”, meaning something unexpected or unusual that is external to the passenger.
Common scenarios can include:
Hot drinks spilled by cabin crew:
Example scenario: A passenger suffered burns when a tray slipped during turbulence, this counts as an “accident” under the convention
Injuries during emergency evacuations:
Example scenario: During a slide evacuation, a passenger broke their ankle, this qualifies even if the airline wasn’t at fault for the initial reason for evacuation
Collisions with service trolleys:
Example scenario: A trolley struck a passenger’s knee while drinks were being served.
Severe or unexpected turbulence:
Example scenario: Unexpected turbulence threw a passenger from their seat, causing injury.
Assaults by other passengers (in some jurisdictions):
In some jurisdictions, an assault by a fellow passenger could count as an “accident” if the airline failed to intervene properly.
Items falling from overhead lockers:
Example scenario: A passenger is hit on their head by something that fell from the overhead locker. We successfully helped a client in this exact situation secure full compensation. Read how we helped this client here.
What compensation can you claim after being injured on a plane?
If you are injured on a plane, compensation under the Montreal Convention is usually divided into sections to make sure all types of losses are considered. This helps ensure the full impact of the accident on your life is recognised.
Compensation can include:
- Medical expenses: Covering treatment or rehabilitation needed because of your injury.
- Loss of earnings: if your injury prevented you from working, you may be able to claim for lost income.
- Pain and suffering: For the physical discomfort or limitations the injury has had on your daily life.
The exact amount depends on the severity of your injury, how it impacted your day-to-day life and what supporting evidence is available.
Our international injury lawyers will help you understand the full value of your claim to ensure nothing is missed.
Evidence that helps support your Montreal Convention claim
While these claims share similarities with standard personal injury cases, there is an important distinction. Under the Convention, you do not always need to prove the airline was negligent — the focus is on showing that an unexpected or unusual event caused your injury.
Essential evidence often includes:
- Your ticket or boarding pass, confirming the international flight
- Any accident or incident report made to the cabin crew
- Witness statements from other passengers or crew, which can be particularly important as there is often no CCTV on aircraft
- Medical records confirming your injury
- Photographs or other evidence taken at the time
When the Montreal Convention does NOT apply:
The Convention only applies while you are boarding the aircraft, in‑flight, or disembarking.
The Convention does not cover:
- Purely domestic flights within a country that hasn’t incorporated the treaty into domestic law.
- Where the departure and destination are not within signatory states.
- Where the injury occurs outside the aircraft, such as in an airport lounge, where local laws would instead apply.
- Where the injury is caused by a passenger’s internal reaction to normal flight conditions, rather than an external event.
Example scenario: A passenger developing deep vein thrombosis from immobility is not considered an accident.
Which countries and flights are covered by the Montreal Convention?
In simple terms, the Convention applies to most international flights. Over 140 countries and territories are members, including the UK, US, Canada and all EU member states.
The Convention applies when your journey involves more than one country, or includes an agreed international stopover. This covers:
- A flight between two signatory countries
- A journey within one signatory country that includes an agreed stopover in another country, even if that stopover country is not a signatory
Flights that meet this definition follow these rules:
1. Two-Signatory Rule: The flight’s origin and the final destination must be in two different countries that are both signatories to the Convention.
2. One-Signatory with Stopover Rule: If your journey begins and ends in the same signatory country, the Convention still applies if there is an agreed stopover in another country, even if that stopover country is not a signatory.
3. Single Ticket Rule: If your journey includes multiple legs (for example, a domestic connection to an international flight), the Convention applies to the entire trip as long as it is booked on a single ticket
Practical examples:
- London to New York: Both the UK and the USA are signatories. The Convention applies.
- New York to Tehran (round trip): Starting and ending in the US (a signatory) with a stop in Iran (a non-signatory). The Convention applies to the entire journey.
- Toronto to Cancun (one-way): Canada is a signatory but the destination country is not. The Montreal Convention does not apply in this case; depending on membership, the older Warsaw Convention may govern the flight.
If you are unsure whether your flight is covered, our specialist team can quickly assess your circumstances and advise on your eligibility to claim.
Real-World Example of the Montreal Convention in action
Client story:
Our expert lawyers successfully represented a client who sustained a head injury during a flight when a box fell from an overhead locker and struck him on the head.
Although the initial injury appeared to be relatively minor, the client later developed some ongoing symptoms that impacted his daily life and ability to work.
Under the Montreal Convention, the key question was whether the incident was an “accident” – something unexpected or unusual. In this case, being struck by a falling object from an overhead locker clearly met that definition, and it was not necessary to prove negligence on the part of the airline.
A key challenge in this case was that many of our client’s ongoing symptoms were psychological rather than physical. Traditionally, claims under the Convention focus on “bodily injury”, which can limit recovery for psychological harm. However, by developing a strong legal argument based on international case law, we were able to secure a more reflective settlement.
The compensation sum included money for psychological therapy, to enable our client to continue his recovery.
You can read the full case study here: Success under the Montreal Convention.
Challenges of a Montreal Convention claim
While the Montreal Convention provides a clear route to compensation, there are some important considerations:
Proving the accident:
The injury must be caused by something unexpected and external, such as an item falling or a trolley hitting you. Injuries caused by normal aspects of flying are unlikely to qualify.
Psychological injury:
The Convention generally limits claims to “bodily injury”. This means psychological harm usually needs to be linked to a physical injury. As shown in the earlier case example, it may still be possible to recover compensation where psychological symptoms develop following a physical injury.
Time limits:
You must bring your claim within two years of the flight arriving at its destination. This is shorter than the standard time limit for personal injury claims in the UK.
Where you can make a claim:
Your claim usually needs to be issued in a country connected to your flight, such as where the airline is based, where your flight was headed, or sometimes where you live if the airline operates there. Our team will handle this for you and ensure your claim is issued in the correct place.
Why Choose Fletchers Solicitors?
We have a dedicated team of experienced personal injury lawyers who specialise exclusively in international injury claims, including cases involving the Montreal Convention.
We handle everything for you, from gathering evidence to managing legal proceedings. We work on a no win, no fee basis, meaning you can pursue your claim without any upfront costs.
Whether your injury occurred during a package holiday or during other international travel, we will ensure you have the best chance of receiving the compensation you deserve.
FAQs About Injuries on a Plane and Montreal Convention Claims
What should I do if I’m injured on a plane?
Report the incident to cabin crew, make sure it’s recorded, and seek medical attention. If possible, take photos and get witness details to support your airline injury claim.
Can I claim compensation for an injury on a flight?
Yes, if your injury was caused by an unexpected event, such as falling luggage or an incident with a refreshment trolley, you may be able to claim under the Montreal Convention.
What types of injuries can I claim for on a plane?
Common plane injuries include head injuries from falling objects, burns from hot drinks, and injuries caused by unexpected turbulence.
Can I make a no win, no fee airline injury claim?
Yes. We handle airline injury claims on a no win, no fee basis, so you won’t pay upfront legal costs.
How long do I have to make a claim for an injury on a plane?
You have two years from the date your flight arrived at its destination to bring a claim. Missing this deadline can prevent you from receiving any compensation, so it’s important to start your claim as soon as possible.
Do I need to prove the airline was at fault?
Not always. You usually only need to show that an unexpected accident caused your injury.
Start your claim with confidence
Not sure where to start? We’ll listen, guide you, and give clear, honest advice on what to do next.