If a passenger of a carrier sustains bodily injury on board an aircraft, or while embarking or disembarking, a person can commence a legal action under the Montreal Convention, which was created to have a means of governance with respect to airline liability.
The carrier can also be liable for the destruction, loss or damage to baggage.
Jurisdiction
Where the legal action needs to commence needs to be decided on a case by case basis.
Where is the principal place of business of the carrier is one such important question.
Also, where is the principal place of residence of the injured passenger.
Legal Action Time Frame
One must initiate this legal action within 2 years from the date the plane arrived at the destination. There are two other legal timeframe rules, but it is prudent for an injured party to considering a case to have the timeframe examined by applying the law to the facts as soon as is possible after the incident.
Personal Injury Solicitors
Kieran Cleary and Roger Cleary, Personal Injury Solicitors can help with questions you may have regarding negligence, liability, case viability etc. and our numbers are (01) 546 1121 or (052) 612 1999 or our email address is info@clearysolicitors.com
Disclaimer
Please be advised that the above-mentioned material is intended as an overview and as a broad out-line of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.
Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.
Personal Injuries * In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
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