Montreal Convention and Psychological Injury: Climbing above the turbulence?

Sintons recently secured a settlement for a passenger in a personal injury claim brought against a well-known Airline following psychological injuries sustained following an accident on a flight. Further details can be found by clicking here.

As a result of the incident, our Client suffered from sleep disturbance, nightmares, flashbacks and became aware of the onset of obsessive compulsive rituals. A Clinical Psychologist instructed in the case diagnosed Obsessive Compulsive Disorder together with features of Post-Traumatic Stress Disorder. The case settled shortly before trial with the Claimant recovering damages for psychiatric harm and future psychological treatment.

Whilst that is not in itself unusual in personal injury claims, this was a claim brought under the Montreal Convention 1999 designed to protect passengers injured in plane crashes, incidents during a flight or whilst boarding or disembarking. Whilst the Defendant admitted liability they disputed that our client could recover any damages for psychiatric harm under the Convention. This was on the basis of the wording of Article 17 of the Montréal Convention which identifies that “the (airline) carrier is liable for damage sustained in case of death or personal injury of a passenger” in certain defined circumstances…read more >>

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