Transportation Accidents

Accidents that occur in the course of international carriage (which includes international flights and the domestic legs of longer, international trips) are governed by the Montreal Convention.

The Montreal Convention, formally titled the Convention for the Unification of Certain Rules for International Carriage by Air, was signed on May 28, 1999, and superseded the previous Warsaw Convention and Hague Protocol. The Montreal Convention re-established uniform liability limits for the international carriage of passengers and cargo.

One of the key tenets of the Montreal Convention provides for strict liability in the event of death or injury to passengers; advance payments to meet the needs of victims’ family members, five jurisdictions in which a suit can be commenced; increased liability limits in the event of flight delay; the modernization of transport documents; the clarification of the rules on the respective liability of the contractual carrier and the actual carrier; and the obligation for air carriers to maintain adequate insurance coverage. Under the Montreal Convention, liability limits for injured passengers are set forth as “Special Drawing Rights” (SDR), which are established and set by the International Monetary Fund (IMF). Most notably, the Montreal Convention did away with the Warsaw Convention’s requirement of proof of willful misconduct on the part of the air carrier in order for recovery to be granted. The Montreal Convention went into effect on November 4, 2003, and is the operative Convention to this day.

The Montreal Convention, coupled with the relevant case law that defines the parameters for recovery under the Convention’s Articles, provides an important framework for determining whether a passenger’s emotional and physical injuries are compensable and viable as part of a broader aviation lawsuit. Our KBA attorneys are adept at interpreting the Articles and relevant case law to determine the likelihood of success on individual claims brought on behalf of injured passengers and their family.

Thankfully, not all injuries that occur on airplanes are catastrophic. Less severe injuries often occur as a result of excessive and avoidable turbulence, failure to properly secure overhead bins and luggage, defects in plane parts such as passenger seats and oxygen masks, and the failure to respond to emergency medical situations.

The attorneys at KBA are able to determine the likelihood of success in pursuing compensation for minor injuries you or a loved one sustained as a passenger.

If you were injured in a maritime accident, boating accident, or otherwise sustained an offshore injury, you should contact our team at KBA to discuss your legal rights. In some circumstances in which an individual cannot file a lawsuit under a federal statute, such as the Jones Act or the Death on the High Seas Act, they may be able to bring a claim under general maritime law. For example, individuals who sustain injuries while sailing on a recreational privately owned boat might have recourse under the general principles of maritime law. General maritime law also provides for additional protection, above what is promulgated by federal statute, to offshore workers injured in the course of their employment. Circumstances that may be compensable under the umbrella of maritime law include:

• Violations of federal statutes such as the Jones Act and the Longshore and Harbor Workers’ Compensation Act (including injuries sustained by offshore crew members due to the negligent acts of maritime employers)
• Personal injuries sustained while on cruise ships, charter boats, transportation or sightseeing vessels, and privately owned boats or yachts
• Claims of unseaworthiness of a vessel that caused economic loss or personal injury

Our attorneys are experienced in the complexities of maritime law and can help guide you through the litigation process with ease. Contact KBA Attorneys to discuss your first step in pursuing justice.