Various air carriers have requirements in the event that a
passenger seeks to state a baggage claim for damage, loss or delay.
However, when the baggage claim is being made in litigation or
related to a flight which is governed by either the Montreal or
Warsaw Conventions, particular restrictions are imposed on the
claim. Defense counsel should be aware of the myriad requirements
for the recovery of baggage claims, in order to properly defend
against such claims. The Warsaw Convention is an international
treaty governing certain incidents that occur on board an aircraft
during flights between signatory nations, which was modified by the
Montreal Protocol Number 4 (The Montreal Convention) and the
International Air Transportation Association Intercarrier Agreement
on Passenger Liability. Essentially, when an incident occurs on an
International flight between signatories of the Montreal or Warsaw
Conventions, the applicable convention provisions will apply.
Whether the
