Injured on an international flight? Know your rights and compensation under the Montreal Convention
Leigh Day’s Nathaniel Martindale and Rachel Cheshire examine the Montreal Convention, exploring how it protects passengers injured during international flights and what this means for compensation claims.
Posted on 19 June 2026
If you are injured on an international flight, including a flight to or from the USA, you may be entitled to claim compensation under the Montreal Convention. This applies when you are hurt in an accident on board the aircraft, while boarding or leaving it — and, importantly, you do not have to prove the airline was negligent.
Flights to the United States often involve complex travel plans and long-haul journeys. With summer holidays and major sporting events such as the World Cup, the skies are set to be busier than ever. If you are travelling to the US, or on any other international flight, it is important to understand your rights if you suffer an injury during air travel. Nathaniel Martindale, a solicitor from the personal injury travel team at law firm Leigh Day and trainee solicitor, Rachel Cheshire, explain the Montreal Convention and share their advice on what to do if you are injured on a flight.
What is the Montreal Convention?
The Montreal Convention is an international law that governs personal injury claims arising from international air travel. It applies to most international flights, including to and from the US, and provides passengers with strong rights when accidents happen.
Unlike typical personal injury claims, you don’t have to prove that the airline was negligent. Instead, you only need to show that there was an accident, defined as an unexpected or unusual event external to the passenger, and that it caused your injury. The convention can apply if you are injured:
- On board the aircraft
-
While boarding the flight
-
While leaving the aircraft
Common Airline Accidents
We regularly assist passengers injured in incidents such as:
- Slips, trips or falls
-
Hot drink spillages
-
Being struck by cabin crew service trolleys
-
Baggage falling from overhead lockers
-
Unexpected turbulence
-
Accidents on the transfer bus to / from the aircraft
-
Accidents on the stairs to / from the aircraft
-
Accidents during assisted transfer of disabled people to / from the aircraft
-
Assaults by other passengers (including sexual assaults)
While some incidents may appear minor at first, they can result in serious injuries, ongoing symptoms, and significant disruption to your trip.
We are also seeing a rise in sexual assaults committed by both airline staff and fellow passengers. If this happens to you, you are not alone.
Do you have to prove the airline was negligent?
One of the key advantages of the Montreal Convention is that you do not need to prove the airline did anything wrong. You simply need to show that an accident, as defined above, caused your injury. This makes claims under the Convention different from many standard personal injury cases.
What Should You Do If You Are Injured on a Flight?
Taking the right steps immediately can significantly strengthen your claim:
- Report it immediately: The first priority is your health. The cabin crew will be able to administer on-board medical aid if needed. If your injury is more serious, they can arrange for medical attention upon landing, or in rare cases, a diversion on medical grounds.
- Ensure your accident report is completed: If the cabin crew haven’t already done so, ask them to complete an accident report. This should include details of the accident itself and the injuries sustained. If possible, it can be helpful to ask for a copy of this report.
- Gather evidence: Take photographs of the injury and the hazard that caused it, for example, the bag that fell on your shoulder, or the loose bit of carpet that caused you to fall. If other passengers saw what happened, ask them for their contact details so they can act as witnesses. If you have to attend hospital for treatment, ask for copies of your medical records.
- Keep records of treatment and expenses: Medical treatment in the US can be very expensive. It’s important that you keep hold of any invoices or receipts so those costs can later be recovered from the airline. The same applies to related expenses, such as travel to and from hospital. Given the significant costs of US medical care, make sure you check that your travel insurance policy specifically covers travel to the US as soon as you book your holiday.
- Be cautious about settlement offers: Airlines may make early offers of compensation. If they do offer you compensation, we strongly recommend that you seek independent advice from a specialist travel lawyer before accepting, to make sure the figure adequately covers your injuries and losses.
Are there time limits for bringing a claim?
Time limits for bringing a claim under the Montreal Convention are strict, and they can be shorter than in standard personal injury cases. Acting quickly protects your position, so it is wise to seek legal advice as soon as possible after your injury.
How we can help
Leigh Day’s specialist travel injury team has the experience to guide you through every stage of a Montreal Convention claim. If you have suffered an injury while travelling to the US, or on any other international flight, our specialist travel team can advise you on your rights and guide you through bringing a claim.
Contact our team today for a free, confidential consultation.
Nathaniel Martindale
Nathaniel Martindale is a senior associate solicitor on the travel team.
Travel and holiday accidents claims
Claims relating to injuries suffered whilst travelling abroad on holiday or on business trips
Air India crash: travel lawyer offers guidance
Air India flight 171 crashed shortly after taking off from Sardar Vallabhbhai Patel International Airport in Ahmedabad, India on Thursday 12 June 2025.
Going on holiday? Make sure you have travel insurance.
From losing your savings because you can no longer make your holiday, to facing medical bills into the hundreds of thousands after an accident abroad, the consequences of not having travel insurance can be huge.