Phifer

Today we clarify that a plaintiff does not have to prove an airline violated a Federal Aviation Administration (“FAA”) standard to establish that there was an “accident” under Article 17 of the Convention of the Unification of Certain Rules Relating to International Transportation by Air (“Montreal Convention”). Because the district court held otherwise, requiring the plaintiff to provide evidence the airline had failed to meet FAA requirements in order to survive summary judgment, we reverse and remand.

I

After entering her assigned row on Icelandair Flight No. 656, Appellant Elin Phi-fer bent over, placed two carry-on bags under the seat in front of hers, stood up, and struck her head on an overhead television monitor, which was extended in the down position. Phifer collapsed and was assisted to her seat by her husband and an Icelandair flight attendant.

Phifer sued Icelandair in federal district court, alleging that Icelandair was liable for her injuries under Article 17 of the Montreal Convention, which establishes that air carriers are liable for accidents that occur to passengers while they are boarding, aboard, or disembarking aircraft. S. Treaty Doc. No.…