Take Off: Injuries at an Airport or on an Aircraft
Have you been injured at an airport while on board an aircraft, or while embarking or disembarking? It’s not as uncommon as you think.
In fact, the Carraige by Air Act and Montreal Convention address these specific situations.
According to the Montreal Convention, the carrier (or airline) is liable for damage sustained in case of death or bodily injury of a passenger upon the condition that the accident took place on board the aircraft or in the course of any of the operations of embarking or disembarking (Chapter III, Article 17, paragraph 1). This is important because many slip and falls happen on the ramps and steps that the aircraft and airport use to transfer passengers on and off flights.
What about compensation? How much could I receive for this type of injury?
The Montreal Convention answers this question in Chapter III, Article 21, paragraphs 1-2. These sections specifically identify that the maximum amount for such injury is 100,000 Special Drawing Rights. What are Special Drawing Rights? According to Section 7(b) of the Carriage by Air Act, this is the standard currency to be converted into Canadian Dollars, but the rate must be established by the International Monetary Fund.
Therefore, according to the most recent conversion for the date of this article, https://www.xe.com/currencyconverter/convert/?Amount=100000&From=XDR&To=CAD shows that $100,000 SDR is $180,000 CAD, based on the following conversion rates: 1 XDR = 1.80260 CAD and 1 CAD = 0.554755 XDR.
The next time you or a loved one is injured as a result of a slip and fall or other personal injury at an airport or as a result of an aircraft, while as a passenger or while embarking or disembarking, remember your rights and the potential compensation you may be entitled to.
Have you been impacted? Do you have questions about your situation? Contact Darren Frank, Associate Lawyer at Lockyer + Hein LLP to learn more: [email protected] / 905.798.7489
