The legal remedies available to persons injured in airline accidents fall into two categories. First, domestic flights, which are governed by general common-law principles of tort, and are similar to traditional negligence claims. Second, international flights, which are subject to the provisions of the Montreal Convention, adopted in Canada as the Carriage by Air Act.
The Carriage by Air Act imposes strict liability on airline carriers for any injuries caused on-board, or during the embarking or disembarking of, an international flight. Strict liability means it is unnecessary for persons injured in international flights to prove the airline was negligent or committed some wrongful act or omission in order to succeed with their claim for damages. This is a lower threshold than required with traditional negligence claims.
For international flights, airlines are strictly liable to injured persons for damages up to $170,000, as of February 2014. Further compensation may also be awarded where the airline is unable to show the damage was not a result of its, or third parties’, negligence, wrongful acts or omissions.
Tony Lafazanis has the knowledge and expertise to aid those injured in aircraft accidents in successfully pursuing their claims, no matter the circumstances, such that they receive the full compensation they are entitled to.