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Can Lufthansa Successfully Limit its Liability to the Families of the Victims of Germanwings flight 9525 Under the Montreal Convention?  

Gipson, Ronnie R. Jr. (Global Law Department of Soongsil University)
Publication Information
The Korean Journal of Air & Space Law and Policy / v.30, no.2, 2015 , pp. 279-310 More about this Journal
Abstract
The Montreal Convention is an agreement that governs the liability of air carriers for injury and death to passengers travelling internationally by air. The Montreal Convention serves as the exclusive legal framework for victims and survivors seeking compensation for injuries or death arising from accidents involving international air travel. The Montreal Convention sets monetary liability caps on damages in order to promote the financial stability of the international airline transport industry and protect the industry from exorbitant damages awards in courts that would inevitably bankrupt an airline. The Convention allows a litigant suing under the Convention to avoid the liability caps in instances where the airline's culpability for the injury or death is the direct result of negligence, another wrongful act, or an omission of the airline or its agents. The Montreal Convention identifies specific locations as appropriate venues to advance claims for litigants seeking compensation. These venues are closely tied to either the carrier's business operations or the passenger's domicile. In March 2015, in an act of suicide stemming from reactive depression, the co-pilot of Germanwings flight 9525 intentionally crashed the aircraft into the French Alps killing the passengers and the remaining crew. Subsequent to the crash, there were media reports that Lufthansa made varying settlement offers to families of the passengers who died aboard the flight ranging from $8,300 USD to $4.5 Million USD depending on the passengers' citizenship. The unverified offers by Lufthansa prompted outcries from the families of the decedent passengers that they would institute suit against the airline in a more plaintiff friendly jurisdiction such as the United States. The first part of this article accomplishes two goals. First, it examines the Montreal Convention's venue requirement along with an overview of the recoverable damages from countries comprising the citizenship of the passengers who were not American. The intentional crash of Germanwings flight 9525 by its First Officer encompasses the possibility that Lufthansa may be exposed to unlimited compensatory damages beyond the liability caps contained in the Convention. The second part of this article explores the application of the Convention's liability limits to the Germanwings flight to demonstrate that the likelihood of escaping the liability limits is slim.
Keywords
Montreal Convention; Forum Non Conveniens; Medical Fitness; Warsaw Convention; Liability Limitations;
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  • Reference
1 Anna-Isabelle Anfray, "Summary of Cases Applying and Interpreting Uniform International Law Instruments", 11 Unif. L. Rev. n.s. 434 (2006).
2 Bureau d'Enqutes et d'Analyses "BEA" Preliminary Report, p. 7 (May 2015).
3 Ichiro Kato, "The Concerns of Japanese Tort Law Today-In Comparison with American Law," 1 Law Japan 79, 82 (1964).
4 Joseph Zirkman, "New York's Choice of Law Quagmire Revisited," 51 Bkn. L. Rev. 579 (Spring 1985).
5 Lorenzo Vismara, "A Comparison of Compensation for Personal Injury Claims in Europe," Gen Re Newsletter 1 (January 2014).
6 Melinda R. Lewis, "The Lawfare of Forum Non Conveniens: Suits by Foreigners in U.S. Courts for Air Accidents Abroad" 78 J. Air L. & Com. 319, 327 (2013).
7 Michelle Milde, "Liability in international carriage by air: the new Montreal Convention," Unif. L. Rev. vol.4 835, 858 (1999).
8 Tory A. Weigand, "Accident Exclusivity and Passenger Disturbances Under the Warsaw Convention," 16 Am. U. Int'l L. Rev. 891, 898 (2001).
9 Ulrich Magnus, "Damages Rules in the Common European Sales Law and In the Principles of European Tort Law,"17 Int'l. Trade Bus. L. Rev. 224, 228 (2014).
10 Ulrich Magnus, "The Reform of German Tort Law", (Working Paper, p.5) (April 2003).