The Montreal Convention and “Accidents”

In the recent case of Prosser v British Airways Plc [2018] EW Misc B13 (CC), DJ Andrew Barcello considered an unusual claim under art. 17 of the Montreal Convention (and one which has generated publicity in the press). In summary, the claimant said that he had suffered personal injuries as a result of being forced to sit at an awkward angle over the course of a long-haul flight by a very large passenger “encroaching” into his seating area.

This blog post sets out the law on “accidents” under the Convention and looks at how this odd case may fit into the liability framework provided by the authorities.

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