This comment advocates elimination of the liability limits imposed under the Warsaw Convention in the event of an aviation accident. The comment first examines the history of the Warsaw Convention. Next, the comment looks at application of a subjective test to prove willful misconduct in order to overcome such liability limits. The application of a subjective test is analyzed in the context of two recent cases. Legislative intent in approving recent changes to the applicable Warsaw Convention language is also covered. The comment then calls for use of an objective test to establish willful misconduct and recommends ratification of the 1999 Montreal Convention eliminating liability limits altogether. Finally, this piece concludes with a special addendum analyzing the feasibility of removing liability limits after the events of September 11, 2001.
College of Law
Northern Illinois University Law Review
Marshall, Tamara A.
"The Warsaw Convention: A Cat With Nine Lives Walks the Plank One More Time,"
Northern Illinois University Law Review: Vol. 22:
2, Article 7.
Tamara A. Marshall, Comment, The Warsaw Convention: A Cat With Nine Lives Walks the Plank One More Time, 22 N. Ill. U. L. Rev. 337 (2002).