Psychological Injury And The Montreal Convention – A Step Too Far?

Jack Harding examines another decision by the Court of Justice of the European Union expanding the reach of the Montreal Convention, hot on the heels of his previous briefing on the meaning of 'accident' within the meaning of the Convention.

1. BT v Laudamotion (C111/21) concerned a flight from London to Vienna. The left engine of the aircraft exploded during take-off. Passengers were required to disembark via the emergency exit. During disembarkation the unfortunate Claimant was hurled several metres through the air when the right engine also exploded. She did not receive any physical injury but was subsequently diagnosed with Post-Traumatic Stress Disorder. She sought damages from the airline under Article 17 of the Montreal Convention. The Defendant denied the claim on the basis that 'bodily injury' under article 17 does not encompass pure psychiatric or psychological injury.