Malaysia Airlines #MH370 : Possible minimum legal liabilities

Our prayers for the passengers, and the family and friends of the passengers, of Flight MH370 Malaysia Airlines.

News peg: Malaysia Airlines official warns relatives of passengers of Flight MH370 to brace for the worst.

           *** ***

      Family members of the passengers of Flight MH370 should not sign any document without the assistance of a lawyer.

   Under the Montreal Convention amending the Warsaw Convention, the following are the minimum legal obligations of Malaysia Airlines in the event of injuries or — heaven forbid – deaths:

      “Montreal Convention: Article 17 – Death and injury of passengers – damage to baggage

“1.The carrier is liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking.

xxx

“Article 21 – Compensation in case of death or injury of passengers

“1. For damages arising under paragraph 1 of Article 17 not exceeding 100,000 Special Drawing Rights for each passenger, the carrier shall not be able to exclude or limit its liability.

“2. The carrier shall not be liable for damages arising under paragraph 1 of Article 17 to the extent that they exceed for each passenger 100,000 Special Drawing Rights if the carrier proves that:

xxx

The classic definition of  airline “accident”, in  Saks vs. Air France, is any occurrence “caused by an unusual or unexpected event or happening that is external to the passenger” – it includes terrorist attacks or crimes on-board.

 ***  ***

blog admin’s note:

THE “LIKE” BUTTON HAS BEEN DISABLED FOR THIS POST. 

 

If the comment posted does not appear here, that's because COMMENTS WITH SEVERAL HYPERLINKS ARE DETAINED BY AKISMET AT THE SPAM FOLDER.

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.