Question

Tom travels by air from Miami to New York, and then has a three-hour layover before he boards a flight to London. He is injured when aircraft encounters bad turbulence, lands in Charlotte, and the erratic landing there injures his leg. Is his injury covered by absolute liability provisions of Montreal Convention?

a. Yes, if he is deemed to be in one undivided carriage (i.e., all segments booked on one ticket) that is part of a single operation.

b. Yes, since New York-London segment makes this automatically a covered "international carriage."

c. No, as landing in Charlotte was not scheduled and outside the provisions of Convention covering regularly-scheduled flights only.

d. No, since Miami and New York are domestic locations.

Answer 1

Answer is A.

. Because both Miami and New York as well as london are state parties under Montreal Convention and stopover at Charlotte belongs to US which is also state party. If passenger is deemed to book all locations on one journey then he can claim the damages.