Damages
Under the Montreal Convention, air carriers are strictly liable for proven damages up to 113,100 special drawing rights (SDR) (Updated from 100,000 on December 31 2009), a mix of currency values established by the International Monetary Fund (IMF), approximately $138,000 per passenger at the time of its ratification by the United States in 2003 (as of December 2011, around $175,800). Where damages of more than 113,100 SDR are sought, the airline may avoid liability by proving that the accident which caused the injury or death was not due to their negligence or was attributable to the negligence of a third party. This defence is not available where damages of less than 113,100 SDR are sought. The Convention also amended the jurisdictional provisions of Warsaw and now allows the victim or their families to sue foreign carriers where they maintain their principal residence, and requires all air carriers to carry liability insurance.
The Montreal Convention changes and generally increases the maximum liability of airlines for lost baggage to a fixed amount 1131 SDR (the amount in the Warsaw Convention is based on weight of the baggage).
Montreal Convention was brought about mainly to amend liabilities to be paid to families for death or injury whilst on board an aircraft.
Read more about this topic: Montreal Convention
Famous quotes containing the word damages:
“According to the law of nature it is only fair that no one should become richer through damages and injuries suffered by another.”
—Marcus Tullius Cicero (106–43 B.C.)