Practice question
A passenger sustains proven Article 17(1) bodily-injury damages below the current first-tier amount in a qualifying accident. No Article 20 claimant-fault ground or other applicable bar is present. The airline relies only on its own lack of negligence. Under Article 21(1), does that alone exclude first-tier liability?
- Yes; lack of negligence always defeats the first tier.
- Yes; bodily injury is outside the Convention.
- Yes; the first tier is payable only for intentional carrier acts.
- Yes; only cargo receives Convention protection.
- No; the carrier cannot use that ground alone to exclude the stated first-tier liability.
Legal references
- Montreal Convention (1999), Articles 17, 19–22, treaty text reproduced in Schedule VI, https://lois.justice.gc.ca/eng/acts/C-26/page-7.html?wbdisable=true
- ICAO, Montreal Convention administrative package, 2024 revised limits effective 28 December 2024, https://www.icao.int/sites/default/files/secretariat/legal/Administrative%20Packages/mtl99_en.pdf
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