What are My Rights if an Airplane Crashes?

"Colson Hicks Eidson is recognized as one of the top litigation firms in the country, handling local, national and international litigation for a wide range of clients." - Chambers USA

June 10, 2016
Colson Hicks Eidson

Miami Aviation Accident Attorney Explains International Treaties

Plane crash lawsuits are governed by several international treaties, most notably the Montreal Convention, but in some areas of the world, the Warsaw Convention is used. What is the difference? In this video, Miami aviation accident attorney Curtis Miner explains the Warsaw Convention as well as what determines which law will affect your plane crash injury lawsuit. Our plane crash lawyers offer services to plane crash victims and their families worldwide and are based near Miami.

Video Transcription

The Warsaw Convention is another treaty that can govern certain international flights. The Warsaw Convention is the predecessor of the Montreal Convention. The Warsaw Convention was actually enacted at the dawn of the commercial aviation age back in the 1920s, and the Warsaw Convention in many ways is very unfavorable to passengers. Under the Warsaw Convention, your damages are actually capped, that means you cannot recover more than a certain amount. And originally it was a very small figure, now it’s up to $75,000, still exceedingly small figure for a serious accident and the only way you can break through that cap or recover more than that amount is to show sort of gross negligence, wanton and willful conduct, in other words, extremely bad conduct by the airline itself and that has been done. There are examples of that. For example, the American Airlines crash in Cali, Colombia was a case where the Warsaw Convention caps were breached or broken by the passengers and the passengers’ counsel, but it can be extremely hard to do. The Warsaw Convention has been superseded by the Montreal Convention, but not every country in the world has enacted the Montreal, so based on the route of flight you have or where your original point of takeoff and your ultimate destination are, if you’re on an international flight, it’s very possible that you could have a case that’s governed by the Warsaw Convention. For more information, call Colson Hicks Eidson, 305-476-7400, or visit our website, Colson.com.