Injury and death on a flight: compensation under the Montreal Convention
Reviewed by José Romero Lara
EU261 aviation lawyer — 5+ years as in-house legal counsel at international airlines
When an accident happens on an international flight — a fall caused by turbulence, a scald from a hot drink or, in the worst case, the death of a passenger — the rule that decides how much the airline pays is not Regulation (EC) 261/2004, but the 1999 Montreal Convention. This guide explains exactly what the Convention covers for injury and death, how much money you can get, what counts as an "accident", how long you have to claim, and why AESA can’t help with this type of case.
Were you injured in a flight accident?
Tell us what happened; we’ll check whether you’re entitled to compensation under the Montreal Convention.
Check my case1The three liabilities under the Montreal Convention
The 1999 Montreal Convention sets airline liability in international air transport for three separate situations, each with its own compensation limit:
The three liabilities under the Montreal Convention
Death or bodily injury
Occurring on board or during boarding or disembarking (Art. 17(1))
Passenger delay
Proven damage caused by the delay in reaching the destination (Art. 19)
Baggage
Loss, damage or delay of checked baggage (Art. 17(2))
This guide focuses on injury, accidents and death
If you need to claim for lost or damaged luggage, we have a dedicated baggage guide; for a delay or cancellation in Europe, EU261 is the rule that applies.
2Article 17(1): a two-tier liability
Article 17(1) makes the airline liable for the death or bodily injury of a passenger caused by an accident that took place on board or during boarding or disembarking. This is the part of the Convention explained least often, and it splits liability into two tiers:
Up to 151,880 SDR (≈€180,000): strict liability
The airline has to pay compensation without you having to prove fault or negligence. It can only be exempted, fully or partly, if it proves the victim’s own negligence caused or contributed to the damage (Arts. 20 and 21(1)).
Above 151,880 SDR: liable unless it proves otherwise
The airline remains liable for damage above that figure, unless it proves that neither it nor its staff were negligent, or that the damage was caused solely by a third party. The burden of proof is on the airline: it has to prove this itself to be exempted (Art. 21(2)).
3How much money you could get
The Montreal Convention has no fixed-amount table like EU261: it pays for the actual damage you can prove, with a different ceiling depending on the case.
What you can claim, depending on the case
Death or injury
Medical costs, after-effects, lost income and, in the case of death, the harm to relatives
Passenger delay
Justified expenses caused by the delay, for example a missed connection
Baggage
Proven value of the lost, damaged or delayed contents
There’s no fixed figure and no automatic payment
The Convention sets a ceiling, not a guaranteed amount: you get what you can prove with medical reports, invoices or receipts. The euro amounts are approximate because the SDR’s value changes every day.
4What counts as an "accident" under the Convention
The Montreal Convention doesn’t define the word "accident". The Court of Justice of the EU did, in Niki Luftfahrt (C-532/18, 2019): an unforeseen, harmful and involuntary event. The Court added something that matters to you: the event need not stem from a hazard typical of aviation. That case involved a child scalded by hot coffee spilled on board.
Turbulence that causes a fall or a blow
It’s an unexpected external event: it’s covered even if the seatbelt sign was on.
A scald from a drink or food served on board
An external event causes the injury, for example coffee spilt during the service.
A fall while boarding or disembarking
Covered if it happens on the stairs, the jet bridge or the apron bus, while you are under the airline’s control.
A health problem that appears during the flight with no external cause
If the injury comes only from the passenger’s own medical condition, such as deep vein thrombosis from immobility, courts require an external event for Art. 17(1) to apply.
The Convention covers the period from when you board the aircraft until you leave it, including boarding and disembarking; it doesn’t cover what happens in the terminal before check-in or after collecting your baggage.
5Time limit to claim: 2 years that cannot be paused
Montreal Convention time limit
Lawsuit
From the flight’s arrival date, or the date it should have arrived (Art. 35)
This is a strict time-bar, not a limitation period
Unlike the 5-year period that applies in Spain to EU261 claims, the 2 years under Art. 35 are not paused by complaining to the airline, negotiating or waiting for its reply: if you don’t sue within that time, you lose the right to claim.
Complaining to the airline in writing first doesn’t extend the deadline, but it creates a record of the incident and is a sensible step before going to court.
6Where to claim: the courts under Art. 33 (and why AESA won’t help)
Article 33 of the Convention sets out which court you can sue the airline in. You can choose, whichever suits you, between:
The airline’s domicile.
Its principal place of business.
The place where it has an office that arranged the contract of carriage, for example where you bought the ticket.
The place of destination of the flight.
For death or injury claims, there’s a fifth option
The ICAO protocol added the passenger’s domicile or permanent residence at the time of the accident as an additional jurisdiction (Art. 33(2)), provided the airline operates flights to or from that country.
AESA doesn’t handle these claims
Spain’s aviation authority, AESA, resolves complaints about delay, cancellation and denied boarding under Regulation (EC) 261/2004. Liability for injury, death or baggage, which the Montreal Convention governs, falls outside its procedure: if you complain to AESA about an accident, it will tell you it has no jurisdiction.
- 1
Complain to the airline in writing
Report the accident, attach the medical report or incident record and ask for compensation.
- 2
If it doesn’t reply or it’s not enough, sue
In one of the courts under Art. 33, within the 2-year time limit.
- 3
Or hand it to AviFly
We review your case and handle the claim with the airline and, if needed, the lawsuit. We only charge if you get compensation: 15% + VAT out of court and 30% + VAT in court.
7Montreal Convention vs EU261
The Montreal Convention and EU261 are compatible and can both apply to the same flight: EU261 pays fixed amounts (€250, €400 or €600) for delays, cancellations and denied boarding; the Montreal Convention pays for proven damage from death, injury, passenger delay or baggage, with a different ceiling for each situation.
If your flight was delayed or cancelled and you were also injured or lost your baggage, you can claim under both at the same time. The full comparison of time limits, amounts and procedures is in our Montreal Convention guide.
AviFly also handles injury and accident claims
We review your case under both the Montreal Convention and EU261. Nothing upfront; we only charge if you get compensation.
Start my claimFrequently asked questions
How much money can I get for an injury in a flight accident?
It depends on the damage you can prove: medical costs, after-effects or lost income, up to 151,880 SDR (about €180,000) without having to prove the airline’s fault; above that figure, the airline remains liable unless it proves it wasn’t negligent. There’s no fixed amount.
Is there a rough figure so I know what to expect?
There’s no fixed-amount table like EU261’s. Compensation depends on the severity of the injury, the medical costs, the after-effects and the lost income you can prove, up to the ceiling of each tier under Arts. 17(1) and 21.
Does the Montreal Convention apply on international flights, and also within Spain?
It applies to international flights between countries that are party to the Convention, more than 130 worldwide. On domestic flights, Regulation (EC) 2027/97 extends the same rules and limits to EU airlines.
Does turbulence count as an accident, or if the passenger injures themselves?
Turbulence that causes a fall does count, because it’s an unexpected external event. A health problem that appears during the flight with no external cause, such as deep vein thrombosis from immobility, is usually not considered an accident under Art. 17(1).
Is compensation reduced if the passenger was partly at fault?
Yes. Art. 20 allows compensation to be reduced or excluded if the airline proves the passenger’s own negligence caused or contributed to the damage.