If you were injured during a flight, while boarding, or while leaving an aircraft, you may have a legal right to claim compensation from the airline. In most cases involving international air travel, those rights are governed by a single international treaty known as the Montreal Convention. This framework applies regardless of where the airline is based, and it sets out clear rules about when an airline is responsible for passenger injuries.

At Crimmins Howard Solicitors, we act for people across Ireland who have been hurt in flight-related accidents. Whether the incident took place mid-flight, on a jet bridge, on mobile steps, or during a transfer at the airport, we can help you understand where you stand. If you are looking for practical guidance on bringing a claim, see our dedicated page on aviation accident claims in Ireland.

What Is the Montreal Convention?

The Montreal Convention is an international treaty adopted in 1999 and came into force in 2003. Its full title is the Convention for the Unification of Certain Rules for International Carriage by Air. It replaced much of the older Warsaw Convention, which had governed airline liability since 1929.

The Convention was designed to create a single, consistent set of rules that apply when passengers, baggage, or cargo are carried by air between countries that have signed the treaty. For passengers, the most important purpose of the Convention is to establish when and how an airline can be held liable for injuries or death that occur during a journey. Ireland, as an EU Member State, is bound by the Convention through EU Regulation 889/2002, which ensures that the same liability rules apply to all EU carriers.

The Montreal Convention applies when:

The journey is international carriage by air: Meaning the flight departs from one country and arrives in another, and both countries are signatories to the Convention. As of 2025, over 140 countries have signed.
The passenger holds a valid ticket or booking: The Convention covers ticketed passengers on scheduled and charter flights. It does not typically apply to unauthorised travel.
Multi-leg travel is involved: If your itinerary includes connecting flights and the overall journey is international, the Convention can cover the entire trip, including domestic legs that form part of the international booking.

The Core Legal Rule for Passenger Injury (Article 17)

Article 17 of the Montreal Convention is the central provision that deals with passenger injury and death. It is the starting point for virtually every flight accident claim. Below is what it means in practical terms.

The Airline Is Liable if an Accident Causes Injury

Under Article 17(1), the airline is automatically responsible for proven damages where a passenger suffers death or bodily injury caused by an accident that takes place either on board the aircraft or during the process of getting on or off the aircraft. The passenger does not need to prove that the airline was negligent, particularly for the first tier of damages.

There Is No Cap on Liability for Serious Claims

For damages up to 128,821 Special Drawing Rights (SDRs), that is, roughly €160,000 depending on exchange rates, the airline cannot dispute its liability. It can only reduce what it pays if it proves the passenger was partly at fault. For claims above that threshold, the airline can defend itself by showing the damage was not caused by its negligence or was solely caused by a third party.

The Injury Must Happen During a Specific Window

Article 17 only applies to accidents that occur on board the aircraft or in the course of embarking or disembarking. This window is broader than many passengers expect. It can include jet bridges, mobile stairways, airport buses directed by the airline, and the aircraft doorway, but it does not cover everything that happens inside the terminal.

What Counts as an “Accident” Under the Convention

Not every incident on a flight leads to a valid claim. The Convention requires that the injury was caused by an “accident.” This word has a specific legal meaning in this context.

An Unexpected or Unusual Event External to the Passenger

Courts have interpreted “accident” as an unexpected or unusual event or happening that is external to the passenger. This means the injury must be triggered by something outside the passenger’s own body, not by a pre-existing condition acting on its own. A drinks trolley striking your arm is external. A deep vein thrombosis caused purely by sitting still may not be.

The Airline Does Not Need to Be at Fault

An important point confirmed by the Court of Justice of the European Union (CJEU) is that an “accident” can occur even if the airline did nothing wrong. For example, if a passenger falls on mobile disembarkation steps for no clear reason, that can still qualify as an accident under Article 17. The focus is on what happened to the passenger, not on whether the airline was careless.

Objects Used in Serving Passengers

The CJEU has also confirmed that situations involving objects used when serving passengers such as trolleys, fold-down trays, overhead bins, or boarding equipment can constitute accidents. There is no requirement to show that the event stemmed from a hazard typically associated with aviation.

Examples of Injuries Sustained on Board That Are Actionable Under the Montreal Convention

Turbulence injuries: Being thrown from your seat or struck by falling luggage during unexpected turbulence.
Burns from hot drinks or food: A beverage spilling due to a sudden jolt or service trolley impact.
Falling luggage from overhead bins: A suitcase or bag dislodging and striking a passenger below.
Trolley collisions: A service cart striking a passenger’s arm, knee, or foot in the aisle.
Seat mechanism failures: A seat collapsing, a tray table falling, or an armrest breaking suddenly.
Injuries during emergency evacuations: Being pushed, falling on evacuation slides, or sustaining burns during an emergency exit.
Slip or trip in the cabin: Falling on a wet galley floor or tripping over equipment left in the aisle.

Examples of Injuries Sustained While Embarking or Disembarking That Are Actionable Under the Montreal Convention

Falls on jet bridges or air bridges: Slipping on a wet or uneven surface between the terminal and the aircraft door
Trips on mobile stairways: Losing footing on external steps used on the tarmac, including in wet or icy conditions
Injuries at the aircraft door: Being struck by the aircraft door, caught by the threshold, or tripping on the step between the bridge and the cabin
Falls during bus transfers: Being injured inside an airport bus that brakes suddenly while transporting passengers to or from the aircraft
Crush injuries in boarding queues: Being knocked over or crushed in a queue directed and controlled by airline staff

Common Embarking and Disembarking Scenarios That Lead to Claims Under the Montreal Convention

Jet Bridge and Aircraft Doorway Incidents

Jet bridges (also called air bridges) are enclosed walkways connecting the terminal gate to the aircraft. They are common at larger airports, including Dublin and Shannon. Passengers can be injured by uneven flooring, wet surfaces, gaps between the bridge and the aircraft threshold, or sudden movements of the bridge itself. Because the passenger is under the direction of the airline at this point, these incidents generally fall within the scope of Article 17.

Mobile Steps on the Tarmac and Uneven Surfaces

At smaller airports or when aircraft park at remote stands, passengers often use mobile stairways to board or leave the plane. These steps can be steep, narrow, and exposed to wind and rain. Falls on mobile steps have been specifically addressed by the CJEU, which confirmed that even a fall for no ascertainable reason on disembarkation steps qualifies as an accident under the Convention.

Bus Transfers Between Terminal and Aircraft

When passengers are transported by bus from the terminal to a remote aircraft stand, the journey forms part of the embarking or disembarking process. If the bus brakes sharply, a passenger trips while stepping on or off, or an overcrowded bus causes a crush, the airline may be liable provided the transfer was under the airline’s direction and control.

Boarding Queues, Gate Changes, and Airline-Directed Movements

Passengers are sometimes directed to walk across tarmac, hurry through gate changes, or queue in congested areas under the airline’s instructions. If an injury occurs while the passenger is following those directions and the process is part of the operation of boarding or leaving, the incident may fall within the scope of the Convention.

Slips and Trips in the Terminal: When It May Fall Outside Montreal (and Why)

A slip or trip inside the general terminal area will usually fall outside the scope of the Montreal Convention. This is because the passenger is not yet “in the course of embarking” at that point. However, a claim may still exist under Irish occupiers’ liability or public liability law against the airport authority or another responsible party. If you are unsure whether your incident qualifies, we can assess the facts and advise you on the correct legal basis for your claim. See our general personal injury page for more on claims involving public places.

Flights Involving Passengers from Ireland: Where Can Proceedings Be Brought?

The Montreal Convention gives passengers a choice of jurisdictions in which to bring their claim. This is important, because it means you are not limited to suing the airline in the country where it is headquartered.

The Carrier’s Domicile

You can bring proceedings in the country where the airline has its registered office or principal place of business.

The Carrier’s Place of Business Through Which the Contract Was Made

If you booked your ticket through an airline’s office or agent in a particular country, you may be able to bring proceedings there.

The Place of Destination

Proceedings can be brought in the country that was the final destination of the journey. For a return trip, this can include Ireland if that was where the journey was due to end.

The Passenger’s Principal and Permanent Residence (the “Fifth Jurisdiction”)

One of the most significant features of the Montreal Convention is the so-called “fifth jurisdiction.” Under Article 33(2), if you are permanently and principally resident in Ireland, you can bring your claim before the Irish courts. This rule applies even if the airline is based abroad and the accident happened in another country, provided the airline operates to or from Ireland.

For many of our clients, this means they can pursue their case from home, in a legal system they are familiar with, without needing to travel abroad to take action.

Time Limits

Article 35 of the Montreal Convention sets out a strict time limit for bringing a flight accident claim. You must commence proceedings within two years. This period is calculated from the date the aircraft arrived at its destination, the date it ought to have arrived, or the date on which the carriage stopped.

It is therefore essential to seek legal advice as early as possible after an incident. Gathering medical evidence, requesting records, and identifying the correct defendant all take time. At Crimmins Howard Solicitors, we ensure that every step is taken promptly to protect your position within the applicable deadline.

Evidence That Can Make the Difference in a Flight Accident Claim

The strength of any flight accident claim depends on the quality of the evidence. The sooner relevant information is gathered and preserved, the stronger your position will be.

Photographs and video: Images of the scene, the hazard, your injuries, and any equipment involved, taken as soon after the incident as possible.
Medical records and reports: Records from the hospital, GP, or medical facility where you were treated, including A&E attendance, follow-up appointments, and specialist assessments.
The airline’s incident report: Airlines are required to record on-board incidents; request a copy as soon as practicable after the event.
Witness details: Names and contact information for other passengers or crew members who saw what happened.
Boarding passes, tickets, and booking confirmations: These establish your contract of carriage and confirm the route, dates, and carrier.
Correspondence with the airline: Any emails, letters, or complaint responses from the airline after the incident.
Airport CCTV footage: For incidents on jet bridges, steps, or tarmac areas, CCTV may exist but is often deleted quickly; a solicitor can request preservation promptly.
Cabin crew statements: Notes or statements taken by crew at the time of the incident.

What Happens After an Incident

If you have been injured during a flight or while boarding or disembarking, the legal process in Ireland typically follows these steps:

Initial consultation: You contact a solicitor and explain what happened. At Crimmins Howard Solicitors, this conversation is confidential and without obligation. We will assess the facts and let you know whether the Montreal Convention applies to your situation.
Evidence gathering: We request medical records, the airline’s incident report, CCTV footage, and any other relevant documentation. We may also arrange an independent medical examination to assess the extent of your injuries.
Letter of claim: A formal letter is sent to the airline setting out the basis of the claim and the injuries sustained. The airline and its insurers will then have an opportunity to respond.
Negotiation or proceedings: Many flight accident claims are resolved through negotiation. Where a fair settlement cannot be reached, we issue court proceedings on your behalf. Given the fifth jurisdiction rule, this can often be done before the Irish courts even if the airline is based elsewhere.
Resolution: The case concludes either by way of a negotiated settlement or a court determination. Throughout the process, we keep you informed at every stage and explain each step in clear terms.

Frequently Asked Questions

Does Montreal apply if I’m injured on a connecting flight?

Yes, in most cases. If your overall journey is international and was booked as a single itinerary, the Convention can apply to the entire trip, including any domestic connecting leg.

What if the incident happens on the steps or jet bridge?

Steps and jet bridges are considered part of the embarking or disembarking process. Injuries sustained in these areas generally fall within the scope of Article 17.

What if I’m injured while boarding abroad but I live in Ireland?

Under the fifth jurisdiction rule, you can bring proceedings in Ireland if this is your principal and permanent place of residence, provided the airline operates services to or from Ireland.

What if another passenger causes the injury?

If the actions of another passenger constitute an unexpected or unusual event external to you (for example, someone dropping a heavy bag on you from the overhead bin), it may still qualify as an “accident” under the Convention. The airline’s liability does not depend on it being directly at fault for the first tier of damages.

Are turbulence injuries treated differently?

Turbulence is one of the most common causes of in-flight injury claims. Unexpected turbulence is treated as an external event, and injuries caused by it are generally actionable under Article 17.

What if I wasn’t wearing a seatbelt when the seatbelt sign was on or off?

If the seatbelt sign was illuminated and you were not wearing your belt, the airline may argue contributory negligence under Article 20 of the Convention. This could reduce the amount of compensation, but it does not automatically defeat the claim. If the sign was off, the argument for contributory negligence is weaker.

What if the airline says it wasn’t an “accident”?

Airlines sometimes dispute that the event meets the legal definition of an “accident.” This is a legal question that can be challenged. European courts have taken a broad view of what constitutes an accident, and we will assess your circumstances carefully.

What documents should I request from the airline or airport?

You should request a copy of the airline’s incident report, any crew statements, and confirmation of CCTV preservation. We can make these requests formally on your behalf.

How does the two-year time limit run on return journeys?

For a return journey, the two-year clock starts from the date you arrived (or should have arrived) at your final destination. On a return booking, this is typically your home airport. However, the precise calculation can vary, and it is important to take advice early.

Does Montreal apply to domestic flights within the EU or Ireland?

The Montreal Convention itself applies to international carriage. However, EU Regulation 889/2002 extends the same liability rules to domestic flights within the EU operated by EU carriers. This means a flight from Dublin to Cork on an EU airline is subject to the same framework.

Can children bring a case, and how do time limits work for minors?

Yes, children can bring a claim, typically through a parent or guardian acting as a “next friend.” In Irish law, there are special rules that can extend limitation periods for minors. However, the interaction between Irish limitation rules and the Montreal Convention’s two-year period is a nuanced area, and it is advisable to seek legal advice as soon as possible after the incident.

Contact Crimmins Howard Solicitors

If you or a family member has been injured during a flight, while boarding, or while disembarking, Crimmins Howard Solicitors can help you understand your rights and guide you through the claims process.

Reach out to us for a confidential initial consultation. We will assess your situation and explain the options available to you.

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement (section 149, Legal Services Regulation Act 2015).