If an airline disregards safety protocols leading to a cargo plane accident, what is their liability under the Montreal Convention?

• A. The convention does not apply in this case.
• B. The airline is fully liable for the cargo loss.
• C. The airline has limited liability due to engine failure.
• D. The airline is liable only for negligent actions of the crew.

Answer: (A)

Under the Montreal Convention, airlines are held liable for certain types of damages occurring during international carriage of goods. The Convention applies specifically to air transport and provides a comprehensive liability framework aimed at protecting passengers and shippers while also offering airlines specific defenses and limits to that liability.

In the scenario where an airline disregards safety protocols leading to a cargo plane accident, the correct answer is that the airline is fully liable for cargo loss. This stems from the fact that the Convention is designed to encourage safety and compliance with prescribed regulations. If it can be established that the accident resulted from the airline's negligence or breach of safety standards, the airline cannot invoke limitations on liability.

Furthermore, liability under the Montreal Convention extends to damages resulting from accidents occurring during the cargo's carriage and includes any direct results of the airline's negligence. Thus, the claim that the convention does not apply is incorrect, as it specifically pertains to air cargo operations and the obligations therein.

Limited liability typically applies in instances where the damage is due to factors outside the airline's control, such as mechanical failures or acts of God, but if negligence is proven, this liability becomes irrelevant. The accident's cause—disregarding established safety protocols—demonstrates the airline's responsibility and accountability under the Convention