“The international Qantas flight QF29 flying from Australia and Hong Kong on 7 April involved two nations who are signatories to the Montreal Convention 1999. Under the Convention, the QANTAS will be held strictly liable in circumstances where the event is considered an ‘accident’.
The injuries sustained by the 15 passengers were most likely caused by ‘severe turbulence’ or by pilot error in invoking an imminent stall according to present reports. Both of these scenarios can be considered to be ‘accidents’ within the meaning of the Montreal Convention 1999 and QANTAS will be held strictly liable by a court.
This is reinforced by QANTAS’ statement that the in-flight turbulence was ‘unexpected’, which is one element required to show that an accident has occurred.
The injured passengers are entitled to make a compensation claim for the physical and mental injuries arising from the bodily injuries they have sustained as a result of the in-flight accident for proven losses.
It is an unfortunate event to suffer injuries on board an aircraft, but the Montreal Convention 1999 operates to compensate passengers who have suffered injuries in the care of airlines.”