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Page 21 of 23 |
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What regulations apply if I travel internationally by airplane? |
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As to international transportation, by Presidential Proclamation, the United States adheres to the "Warsaw Convention" which provides that an air carrier's liability for a negligent act causing personal injury to one of its passengers, is limited to 125,000 francs (approximately $8,300) for each passenger. If the air carrier is guilty of "willful misconduct" or if a special contract has been entered into, such limitation will not apply. The Warsaw Convention requires the injured party to bring a lawsuit within two years of the accident or the action will be dismissed. Also, the air carrier will not be liable if the carrier can prove that due care was used. This Act applies to injuries sustained on the plane or while embarking or disembarking from an international flight.
The Montreal Agreement increases the liability amounts under the Warsaw Convention. Pursuant to the Montreal Agreement, many carriers agreed to increase their liability limits up to $75,000 including legal fees while also waiving their right to a defense that due care was used by the carrier. These increased liability limits apply to flights starting, ending or having a stopping place within the United States. |
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