Airline Injury Types Under the Montreal Convention

The Montreal Convention makes an airline liable for bodily injury caused by an “accident” on board an international flight or during boarding or deplaning. Whether an incident qualifies as an accident is often the central question. Courts ask whether there was an unexpected or unusual event external to the passenger. Here is how common in-flight injuries are often analyzed. For the claim process, see how to make a claim under the Montreal Convention.

Falling Bags From Overhead Bins

Bags that fall when another passenger or a crew member opens an overhead bin are among the most common in-flight injuries, often causing head, neck and shoulder injuries. These incidents are frequently treated as accidents because the falling object is an external, unexpected event. Note who opened the bin and whether crew had warned passengers.

Turbulence

Severe turbulence can throw passengers and crew, cause falls in the aisle and lavatory, and send carts and objects into seated passengers. Courts generally distinguish severe or unexpected turbulence from ordinary bumps that are a normal part of flying. Whether the seatbelt sign was on, whether the crew warned passengers, and whether service carts were secured can matter.

Hot Drinks, Food and Cart Injuries

Burns from coffee, tea or soup, and injuries from beverage and meal carts striking a passenger’s arm, knee or foot are common. A spill caused by a crew member, a defective lid, a cart or another passenger may be an accident. The claimant generally must show an external cause, so crew reports and witness statements are important.

Slips, Trips and Falls

Falls on spilled liquid, on objects left in the aisle, on stairs or air stairs, on the jet bridge, or while being transported by wheelchair can be accidents during flight or during embarking and disembarking. Location matters: the Convention covers boarding and deplaning, but injuries in a terminal well away from the gate are usually governed by other law.

Assaults and Unruly Passengers

Injuries caused by another passenger’s assault can be accidents when the event is unexpected or unusual and connected to the operation of the flight. Courts look at the circumstances, including whether the crew knew of a problem and failed to respond.

Medical Emergencies and Crew Response

A passenger’s own heart attack, stroke, blood clot or other medical event is generally not an accident by itself. But the U.S. Supreme Court held in Olympic Airways v. Husain, 540 U.S. 644 (2004), that a flight attendant’s refusal to move an asthmatic passenger away from smoke, contrary to industry practice, was an accident. Unreasonable crew responses to medical emergencies, including failures to follow airline procedures, can therefore support a claim.

Hard Landings, Evacuations and Emergencies

Injuries from hard landings, aborted takeoffs, runway excursions and emergency evacuations, including slide injuries, are typically accidents. These cases often involve investigation by aviation authorities and may include claims against parties other than the airline, such as manufacturers and maintenance providers. See our aviation law page.

Injuries Usually Not Covered

Purely emotional distress without bodily injury.
Injuries caused solely by the passenger’s own health condition reacting to normal flight operations, such as ordinary cabin pressure changes.
Injuries in parts of the airport not connected to boarding or deplaning, which may still support claims under other law.
Delay and baggage losses, which are covered under separate Convention provisions with their own limits and notice rules.

Frequently Asked Questions

Is turbulence an “accident” under the Montreal Convention?

It depends on the severity. Many U.S. courts have treated severe or unexpected turbulence as an accident, while ordinary light turbulence that is a normal part of flight often is not. Evidence of the turbulence, seatbelt sign status, crew warnings and the service in progress can be important.

What about a hot drink spilled on me?

Spills caused by a crew member, a defective cup or lid, a cart, or another passenger are often treated as accidents. Courts look for an external cause. In a 2025 English case, a burn claim failed because the court found the spill was equally likely caused by the passenger’s own movement, which shows why witness and crew evidence matters.

Is a heart attack or blood clot on a flight covered?

Not usually by itself, because an injury caused by the passenger’s own condition is not an accident. But the U.S. Supreme Court held in Olympic Airways v. Husain (2004) that a crew member’s unusual refusal to help a passenger in a medical emergency can be an accident.

Am I covered if I fell on the jet bridge or stairs?

Possibly. Article 17 covers injuries during embarking and disembarking. Courts look at where the passenger was, what they were doing, and whether they were under the airline’s control. Falls in the terminal far from the gate are often outside the Convention and may be governed by ordinary negligence law against the airport or other parties.

Related Resources

Injured on an international flight? Call Muggeo & Associates at (978) 741-1177 or request a consultation. Montreal Convention claims must be filed within two years, and evidence held by airlines can disappear quickly. We have offices in Salem, Massachusetts and Fort Lauderdale, Florida.

This page is general information, not legal advice. Whether the Montreal Convention applies, where a claim can be filed and what can be recovered depend on the ticket, the itinerary and the facts. Our attorneys are admitted in Massachusetts, New Hampshire, New York, Rhode Island and Florida; where a case must be filed elsewhere, we may work with local counsel. Contacting the firm does not create an attorney-client relationship. Prior results do not guarantee future outcomes. Last reviewed November 2026.