parkfell
I suspect that the LIMIT OF LIABILITY amount was decided as reasonable for ACCIDENTS to give modest compensation, and protect the airline so that it continued to exist and keep on flying.
No.
--
There are no limits upon the amount of compensation that can be obtained for passenger injury or death.
The Montreal Convention (international air carriage) -
very brief summary:
Claims for damages up to 113,100 SDRs (currently £112,000/EUR141,000 approx)
A carrier cannot exclude or limit its liability for proved loss.
This is known as “strict liability”.
Claims for damages above 113,100 SDRs
Where the loss suffered by an injured party/the family of the deceased is greater than the 'strict liability' limit, a carrier is only able to avoid paying the greater amount if it can prove that it was not negligent or otherwise at fault.
ie The carrier has to prove that it is
not liable.
That is the opposite of the usual legal position where, in order to obtain damages (compensation), claimants/plaintiffs have to prove that individuals/corporations they sue are liable.
I make no comment about the Germanwings accident, not least because we don't yet know the defendants' response to the claimants' allegations.
I leave jumping to conclusions upon limited information to others who wish to do so.