Are plane crashes covered by the Montreal Convention?
Yes, plane crashes are covered by the Montreal Convention, an international treaty that sets out the legal obligations and rights of passengers and air carriers in the event of a plane accident. The Montreal Convention is an international agreement that sets out the legal responsibilities of airlines and passengers in the event of a crash. The Convention was originally created in 1999, and came into effect in the United States in 2003. Under the Convention, airlines are liable for damages resulting from a crash, provided there is proof that the airline was at fault. The amount of damages a passenger can recover is limited to 113,100 Special Drawing Rights (SDRs), which is the equivalent of roughly $148,000. In addition, the Convention establishes the right for passengers to receive compensation from the airline for injury or death caused by the crash. In Utah, the Commercial Airline Law sets out the obligations of both passengers and airlines. The law states that air carriers are liable for damages caused by the negligent operation of a plane or its crew, including damages resulting from an airplane crash. However, the law does not apply to international flights. In these cases, the Montreal Convention would take precedence. Moreover, the Montreal Convention states that the airline is not liable for any extraordinary damages caused by a plane crash, such as mental distress, unless it is proven that the airline was grossly negligent or acted with intent to harm.
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