The Montreal Convention is a treaty that governs airline liability rules for international travel. It requires compensation for injuries and deaths. But in an interesting ruling, a Maryland appeals court ruled that it also limits what you can sue for. It covers injury and death, but when there’s neither instead of suing outside of the Montreal Convention you can’t sue at all.
According to the complaint, on April 8, 2019, Hisham Kassab was traveling home from Rome to Baltimore via Atlanta with his young sons. They boarded their Atlanta – Baltimore flight, but were kicked off without explanation.
- A gate agent, a flight attendant, and some passengers reported that Kassab had used profanities in a discussion with the gate agent.
- Kassab denies using profanity, said he was “completely polite,” and characterized the family’s conduct as benign, non-disruptive, and non-threatening.
- He says they were kicked off for being Muslims of Middle Eastern origin.
Kassab sought over $100,000 for Delta’s “wrongful, unfair, unjust, malicious, and callous” removal of him and his family. He sued three years after the incident. The Montreal Convention has a two year statute of limitations, but he argued that it doesn’t apply because it’s for passenger death and bodily injury, checked-baggage damage, and delay. Wrongful deplaning is outside those categories.
Delta argued that since this was an international journey (even though this was a domestic flight segment), it falls under the Montreal Convention. The court agreed, and said that without an accident or bodily injury no damages can be obtained. Mental injuries are compensable only to the extent they stem from physical injuries. And the suit is barred by the two year limit in any case.
The Montreal Convention is often described as passenger-friendly because it imposes strict liability. There’s no need to show an airline’s intent or negligence in causing harm. However, it excludes many claims and also caps damages – perhaps too low. Where there’s lack of care, capped liabiltiy provides little incentive to change behavior.
- A four year old burned by 200-degree tea on United faces capped liability.
- A JetBlue passenger burned by dry ice given to them by a flight attendant faces capped liabiltiy.
The ‘flying while Muslim’ incident on Delta was never resolved. The court never ruled on what actually happened. The man doesn’t get his day in court. However, the decision in this case is ‘unreported’ so it’s not considered precedent.
“…A gate agent, a flight attendant, and some passengers reported that Kassab had used profanities in a discussion with the gate agent…”
Okee-dokie.
These days it’s safe to disbelieve any account of extreme mistreatment of passengers by airline employees. Some of the stories are true, but not many.
As always, a they said/they said situation in which we’ll never know what happened. Of course, the person suing for dollars says they said nothing wrong. Duh. Maybe he didn’t, but if he did of course he’d deny it. I have no doubt there exist GAs and FAs who turn into Cartman on the job (respect my authority!). Smart people know not to get anywhere near their “buttons.” Certainly, we should have zero tolerance for refused service based on national origin or religion. I just have any reason to believe it happens at airlines absent better evidence.
Wait a minute – EU 261/2004 applies in addition to the Montreal Convention. The flight originated in Rome. So the pax should have received compensation from DL under the Regulation.
Why did the pax miss the 2-year statute of limitations? Why file in state court at all? There are no mental anguish or similar “foggy” damages under the Regulation or the Convention.
So it sounds like either there is more to the story, or it’s poor lawyering from a Maryland attorney trying a moon shot.
“Hogs get slaughtered. …”
To be kicked off a flight, the guy was probably rude as hell and did use profanity with the gate agent…..I side with Delta on this one. Religious bigotry? Give me a break.
NIce try… 7 years to recover from that traumatic experience before filing the lawsuit ? …
There’s definitely more too this ‘story’ … Get a better lawyer !
@bossa – the lawsuit was filed 3 years after the incident not 7, it has taken years to make it through the process to this point
Good for Delta. These M people use the same lame religious discrimination to justify their bad behavior. Send them back. They bring nothing of value to the west.
Next time fly Spirit. Their gate agents are far more experienced at getting cussed out and you will fit right in with that crowd.
Muslim men have no respect for women and I’m sure his behavior to him was acceptable. But he’s not in an Arabic country soooo, too bad.
Muslim man probably attacked the female gate agent and treated her like an animal. It’s what they do and is to be expected from people that worship a prophet that had a 9 year old (that was his favorite “wife”) as a wife.
Muslims and their perverse, hateful, backwards belief system do not deserve status as a protected class anywhere in the Western world. In fact, the exact opposite should be true.
Failure to follow the rules and file the case in a timely manner led to dismissal. The man should have recorded his own conversation with the gate agent.
You don’t automatically get your “day in court” when you file civic actions. That hackneyed phrase only applies if you’re at the receiving end of a criminal or civil action.
Lordy, the Islamaphobia is alive and well on here. Why is everyone so upset about hummus anyway? It’s delicious! Toast a little pita bread. Yum!
@Jack the ladd — Please, tell us how to think on this!
@Retired Attorney — Yeah, we desperately need better consumer protections in the US. Even if EU261 should apply, our airlines are so used to weaseling out of their responsibility. Under the current administration, there is even less hope for remedies. Maybe, in about 212 days, we’ll vote for better representation. Bringing back Rule 240 would be nice, too. One can dream…
What religion was responsible for the 911 attacks? Hmmmmm, the one that hates women, gays, trans, jews, christians,infidels even other muslims like kurds. Im with Delta. Anyone who threatens an employee gets the boot.
@Lightning1 — Let’s be clear: Terrorists are responsible for 9/11, not all members of any religion. Obviously, jihad is bad. I live near the Memorial. We have not forgotten. We also are not bigots. Let’s appreciate the nuance.
@ 1990
My first reaction is as a lawyer not a Muslim and I think Retired Attorney is right. I read the decision and do not hold myself out as a Montreal Conv. lawyer although I have pursued a couple of such cases that were not in the weeds. I am troubled by a state appellate court opinion unpublished on a major issue. The Court does point out that the Conv. applies to all claims but the holding that you can pursue only accidental personal injury is troubling — the court did not point out this action was not accidental but intentional. The treatment of Dr. Dao was not accidental. As far as the religious aspect, I do not have enough facts. Swearing at people esp. when accompanied by your wife and children would be non-Islamic behavior & more like what people of all sorts engage in here. When I am traveling with my wife, I get shushed if I raise my voice to airline people even when I am showing them their own rules (as Star Alliance Gold, United rules say I get 2 free bags; transfer agent was insisting I pay for the 2nd bag)..
If you want a case based on facts that others can review, you have to start documenting everything as soon as possible and in as much detail as possible. When I was younger and more prone to getting traffic tickets, I learned to do this so I remembered the situation correctly. It is not fun to do, especially when you are upset, but it allows a personal review with a cooler head later. The recorded conversation would have been invaluable for the passenger if it proved his point about not swearing or talking badly to the agent. Unfortunately missing deadlines is an unforced error even if you are in denial. Once you have decided that the situation was unjust, move forward on all avenues that can be taken, even ones that seem to be a stretch because you don’t know which ones will play out the best. I have done this in court several times with success, even though I am not a lawyer.
@1990
Here we go with more of y’all playing the victim.
The best majority of Americans are not Islamophobic, rather Islamotraumatized and Islamofatigued.
9/11 was committed by terrorists, but it was celebrated by a majority of Muslims around the world. Take accountability. Moderate Muslims never protest against radical Muslims. It’s just one hand holding an olive branch while the other holds a sword.
We used to be able to get to the airport 20-30 minutes before a domestic flight, but that all changed because of only one ideology.
Anyway- that’s all besides the point. The fact that Delta provides so many Muslims with flawless services is enough to support this man’s claim as bullshit. Most of the time, it’s a cultural clash. When men with a 7th century mentality can’t accept women having authority over them for any length of time. Step into the 21st century and start behaving like civilized people and you’ll be treated that way.
@Retard – Hummus is fantastic. It’s a Jewish invention. Please control your anti-Semitism.