PASSENGERS SUE AMERICAN AIRLINES FOR INJURIES RELATED TO “ROCKY” LANDING
January 27, 2023
On December 2, 2022, the U.S. District Court for the Southern District of Florida issued a decision in a case filed by several passengers against American Airlines (“American”) for damages for injuries suffered during a rocky airplane landing in the Bahamas. Specifically, the passengers alleged that in October 2020, they suffered various injuries during the landing of a flight from Miami FL to the Bahamas during which the airplane “experienced sudden braking with rapid deceleration and skidding” that resulted in the airplane “veering off the centerline before exiting the runway on the right runway shoulder.” The passengers then filed suit in October 2022 based on the Montreal Convention treaty. American argued that the passengers’ complaint failed to state a claim for which relief could be provided, and that the Montreal Convention does not govern actions involving international flights between the U.S. and the Bahamas because while the Bahamas is a signatory to the treaty, it never actually ratified or approved the Montreal Convention. The Court found in favor of American deciding that the Montreal Convention never defines the term “State Party” and that a country cannot be considered a “State Party” until it ratifies or otherwise approves the treaty. The Court also said that the Montreal Convention only applies when “the place of departure and the place of destination” are both “State Parties” to the Convention, and in this case, since the arrival place was the Bahamas (a signatory to the treaty that has not been listed by the ICAO as one of the states that has approved the treaty), the Montreal Convention did not apply to the instant action, meaning the complaint should be dismissed. In response to the Court’s decision, the passengers requested leave to amend their claim, which was granted by the Court. No further action has been taken in the case to date.
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