Claim involving a Air Canada and the treaty concerning injury during boarding/disembarking.

What treaty governs an injury during disembarking in Toronto from an Air Canada Plane which departed from the US? Can the case be filed in Maryland where the flight originated, or is the jurisdiction in DC?
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Answers (1)

Alan James Brinkmeier

Alan James Brinkmeier

Contributor Level 10
The Warsaw Convention, as amended by the 1999 Montreal Protocal is the treaty. It is an international convention which regulates liability for international air transport of persons, luggage or goods performed by aircraft. The United States is a signator of the Warsaw Convention.

The Convention is a very specific set of rules that are strictly enforced. You will need a lawyer to discuss the particulars.

As regards where litigation may be brought, if you bought your ticket for air travel passage in Maryland, you have an excellent chance to bring your lawsuit against Air Canada in Maryland. But, the Warsaw Convention may make bringing a lawsuit against Air Canada a matter for close scrutiny by your lawyer.

You might find my Legal Guide helpful "How to Choose A Lawyer For You"

http://www.avvo.com/legal-guides/ugc/how-to-choose-a-lawyer-for-you

You might find my Legal Guide helpful " What Do I Tell My Lawyer"

http://www.avvo.com/legal-guides/ugc/what-do-i-tell-my-lawyer

No one online can know what is going on in your case because online we cannot find out any details. You need a skilled aviation lawyer. Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
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