Passengers on flights are not exempt from harm, but it is not always apparent when and where their claims must be brought when their injuries are caused by another party’s intentional or negligent behavior. This was illustrated in a recent decision by a Massachusetts district court, which upheld the dismissal of the plaintiff’s claims due to the plaintiff’s failure to file an action within the time limits set forth by the Montreal Convention, which governs the criteria for pursuing specific claims against air carriers. If you were hurt on a flight, it’s a good idea to talk to a knowledgeable Massachusetts personal injury lawyer about what steps you might be able to take to preserve your rights.
Facts Concerning the Plaintiff’s Injuries
According to reports, the plaintiff, a Massachusetts citizen, boarded a plane operated by the defendant airline. The airplane took off from Boston and arrived in London the next day. A flight attendant accused the plaintiff of stealing bags during the voyage. As a result, his possessions were inspected without his knowledge, and he was kept on the plane after it landed and in the London airport until it was proven that he did not steal the missing bags.
The plaintiff allegedly filed a complaint against the defendant in a Massachusetts court three years later, which the defendant allegedly moved to the district court. The defendant subsequently filed a request to dismiss, claiming that the plaintiff’s claims were prohibited by the applicable statute of limitations since they were controlled only by the Montreal Convention. The district court granted the request after agreeing with the defendant’s reasoning. The plaintiff then filed an appeal. Continue Reading ›