Understanding the 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. We have a team of specialist personal injury lawyers who focus exclusively on international injury claims, including serious accidents on aircraft. 

In this explainer guide, we will discuss: 

• 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. However, the treaty also provides protection for baggage loss or damage and certain flight delays. This means it covers a wide range of issues passengers may face during international travel. 

What type of claim falls under the Montreal Convention  

A claim under the Montreal Convention arises when a passenger suffers an “accident”, defined as an unexpected or unusual event 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.  

• 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.  

• 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.  

• 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.
• Assaults by other passengers. 
  In some jurisdictions, an assault by a fellow passenger could count as an “accident” if the airline failed to intervene properly. 

When the Montreal Convention does NOT apply 

The period covered is strictly when embarking a plane, in-flight, or when 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? 

The Montreal Convention applies to most international flights that meet the treaty’s criteria. Over 140 countries and territories are members, including the UK, US, Canada, and all EU member states, while a small number of countries are not signatories.

International carriage, as defined in Article 1 of the Convention, includes either:

• A flight between two signatory countries
  OR…
• 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, it was only necessary to show that the incident was an “accident”, meaning 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 most of our clients 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 

What Compensation Can You Claim for an Airline Injury? 

If you are injured on a plane, compensation under the Montreal Convention is usually split into sections to make sure all types of losses are considered. This helps capture the full impact an accident may have on your life. 

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 we typically gather for a claim under the Montreal Convention 

While these claims share some similarities with standard personal injury and serious injury cases, there is an important distinction. Unlike regular personal injury claims, you do not always need to prove that the airline was negligent. Instead, 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 

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 Montreal Convention generally limits claims to “bodily injury”. This means you usually cannot claim for emotional or psychological harm on its own. In most cases, it must be linked to a physical injury suffered during the incident. However, with the right legal approach, it may still be possible to recover compensation where psychological symptoms develop following a physical injury, as demonstrated in one of our successful cases.

• 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. It is the job of our team representing you to handle this and ensure your claim is being issued in the correct place. 

Interaction with UK Law 

In the UK, the Montreal Convention is implemented via the Carriage by Air Act 1961. It overrides domestic law, meaning you cannot bypass the Convention’s rules by bringing a claim for negligence if your injury falls within its scope. Claims are generally handled in the County Court or High Court, applying the treaty itself. 

Why Choose Fletchers Solicitors? 

We have dedicated team of experienced personal injury lawyers who specialise exclusively in international injury claims, including unique cases that involve the Montreal Convention.  

We handle everything for you, from evidence collection to legal proceedings, we are a No Win, No Fee Personal Injury Lawyers, meaning you can pursue your claim without 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.

Talk to us about your claim today.  

Q: What should I do if I’m injured on a plane?
A: 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. 

Q: Can I claim compensation for an injury on a flight?
A: Yes, if your injury was caused by an unexpected event, such as falling luggage or an incident with a refreshment trolly, you may be able to claim under the Montreal Convention. 

Q: What types of injuries can I claim for on a plane?
A: Common plane injuries include head injuries from falling objects, burns from hot drinks, and injuries caused by unexpected turbulence.  

Q: Do I need to prove the airline was at fault?
A: Not always. You usually only need to show that an unexpected accident caused your injury. 

Q: Can I make a no win, no fee airline injury claim?
A: Yes. We handle airline injury claims on a no win, no fee basis, so you won’t pay upfront legal costs. 

Q: How long do I have to make a claim for an injury on a plane?
A: 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.