Airline’s liability for injury caused by fellow passenger limited by Montreal Convention

Wright v. American Airlines, Inc. (N.D. Tex. Feb. 8, 2010).  Article 21 of the Montreal Convention governs the compensation owed by an airline for a passenger’s bodily injury or death.  Where an “accident” within the meaning of Article 17(1) has occurred, Article 21(1) provides that the airline is strictly liable for provable damages not exceeding 100,000 Special Drawing Rights (“SDRs”), or about US$153,000 at the current conversion rate.  Under Article 21(2), an airline can avoid liability for damages exceeding 100,000 SDRs only if it can prove that (i) such damages were not due to its “negligence or other wrongful act or omission,” or (ii) such damages were “solely due to the negligence or other wrongful act or omission of a third party.”

In Wright, during the aircraft’s climb to cruising altitude, and while the “fasten seat belt” light was still on, a passenger stood up and attempted to remove an item from an overhead compartment.  An object fell from the compartment and struck another passenger on his head, injuring him.

The injured passenger sued American under the Montreal Convention, alleging that the airline was liable for damages “exceeding 100,000 Special Drawing Rights as provided in Article 21.”  American moved for partial summary judgment, contending that, under Article 21(2), it should not be held liable for any damages in excess of 100,000 SDRs because the plaintiff’s injuries had not been caused by the airline’s negligence and had been solely caused by a third party, the passenger who had opened the overhead compartment.  Oddly, the plaintiff did not respond to the motion, even though it appears that he was represented by two attorneys.

American prevailed on its unopposed motion.  The court found that American had presented sufficient evidence to prove that the “plaintiff’s injuries were not caused by any negligence, omission, or other wrongful act on its part or on the part of its flight crew.”  Specifically, the court found that the airline had done all that it could do to prevent the other passenger from leaving his seat by making a preflight announcement that the “fasten seat belt” sign had been turned on and that passengers should be careful when opening an overhead compartment.  The court also found that the flight attendant seated closest to the other passenger could not see him stand up because she was seated during the aircraft’s climb and her view was obscured by a wall.  Accordingly, the court held that the plaintiff could not recover damages from American in excess of 100,000 SDRs.

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