International Aviation Law and the Montreal Convention: Airport Terminal Embarkation Injury Claims

Article 17 Strict Liability vs. Domestic Terminal Premises Law

When a domestic passenger slips and falls inside a U.S. airport terminal, their claim is governed by state tort law and requires proving that the airport authority or airline had actual or constructive notice of a hazardous condition. By contrast, if that same passenger holds an international ticket (or a domestic connecting leg on an international round-trip itinerary) between signatory nations, the Montreal Convention of 1999 governs exclusivamente where the accident takes place during embarkation or disembarkation.

Under Article 17(1) and Article 21 of the Montreal Convention:

• Tier 1 Strict Liability (Up to 128,821 SDRs): For proven bodily injury damages up to 128,821 Special Drawing Rights (approximately $170,000–$175,000 USD depending on IMF exchange rates), the airline cannot exclude or limit its liability by claiming it was not negligent.
• Tier 2 Presumed Fault (Above 128,821 SDRs): For damages exceeding that threshold, the carrier remains liable unless it proves that the injury was not due to the negligence or wrongful act of the carrier or its agents, or was caused solely by the negligence of a third party.

The Day-Evangelinos Tripartite Test for "Embarking or Disembarking"

Because many severe injuries happen inside the airport terminal building—such as falls on jet bridges (passenger boarding bridges), mobile tarmac lounges, gate-area escalators, or customs arrival corridors—federal courts apply the three-factor test originally formulated in Day v. Trans World Airlines, Inc., 528 F.2d 31 (2d Cir. 1975), and Evangelinos v. Trans World Airlines, Inc., 550 F.2d 152 (3d Cir. 1977):

1. Activity of the Passenger: What was the traveler doing at the moment of the accident (e.g., presenting a boarding pass at the podium vs. shopping in a duty-free concourse)?
2. Control and Restriction of Movement: Was the passenger acting under the direction of airline personnel in a restricted-access queue?
3. Imminence and Physical Location: How close was the passenger spatially and temporally to the aircraft gate, jet bridge, or tarmac transfer bus?

The Absolute Two-Year Time Bar Under Article 35

Perhaps the most dangerous trap in international terminal injury litigation is Article 35 of the Montreal Convention, which mandates that the right to damages is extinguished if an action is not brought within a period of two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived. Unlike domestic statutes of limitations, this two-year treaty deadline is a condition precedent to suit and generally cannot be extended by state tolling statutes, even for minor children.

What to Do Next

If you were injured on a jet bridge, boarding staircase, airport shuttle bus, or terminal gate area while traveling on an international itinerary, preserve your physical or digital boarding pass, baggage tags, and full ticket confirmation code (PNR). Consult aviation and premises counsel immediately to evaluate concurrent claims against the airline under the Montreal Convention and against the municipal port authority.