Liability of the Air Carrier for the Death and Injury of a Passenger

Abstract

International Civil Aviation Law is one of the most important legal orders in the contemporary International Law. Since passengers are the most important component in aviation processes, it is important to ensure the protection of passengers during the aviation process. An international legal framework for air carrier liability for passengers is governed by the Warsaw Convention for the Unification of Certain Rules relating to International Carriage by Air in 1929 and also Montreal Convention for the Unification of Certain Rules relating to International Carriage by Air in 1999. Even though these conventions are available, there are some lacunas related to ensuring the protection of the passengers covered by dozens of Case Laws. As Montreal Convention in 1999 replaced the Warsaw convention in 1929, it is paramount to ascertain the existing legal phenomena regarding the liability for death and injury of passengers, enriched by case laws. The focus of this study is a doctrinal research based on International Conventions, Case Laws, Law Reports and Law Journals in an international context. Based on the International Conventions and Case Laws, this paper will analyse the existing legal regime related to air carriers’ liability over death and injury of passengers in the field of International Civil Aviation.