Question

Today, a scheduled airline flight on a planned non-stop trip from Berlin, Germany to Calcutta, India crashed while crossing the Himalayas and penetrating a storm meteorologists called the most severe ever recorded in the area. There were no survivors. All nations having any connection to the airline and these passengers have ratified the Montreal Convention. Analyze the complete extent of the airline's liability, if any, for the passenger deaths, explaining your decision process clearly.

Answer 1

The contents of Montreal Convention are basically those touching on the airline's liability as ratified by all countries in the convention. According to the convention,airlines are liable for deaths,baggage and injury of passengers and lost luggage where there is compelling evidence that the accident was strictly as a result of negligence from pilots or other airplanes crew. In this case,the airplane was not suppose to stop and due to weather conditions it came down. Obviously,weather conditions are avoidable if correct and appropriate aviation regulations are followed. Thus,it is with no reasonable doubt that the crew was forced to fly even after noticing that there were heavy storms probably because they were following the orders not to stop. Clearly,the airline company has a liability towards the deaths of the passengers and loss or destroyed luggage.