Narayanan v. British Airways: Ninth Circuit Says The Montreal Convention’s Statute Of Limitations May Begin To Run Before Claim Accrues

On March 19, 2014, the Ninth Circuit issued its ruling in Narayanan v. British Airways, No. 11-55870 (9th Cir. 2014), holding that the two-year statute of limitations set forth in Article 35(1) of the Montreal Convention begins to run when an aircraft arrives (or ought to have arrived) at its destination, even if the claim to which the statute is being applied has not yet accrued at that time. The ruling—which decided an issue of first impression in the Ninth Circuit—provides greater certainty for air carriers and effectuates the Montreal Convention's purpose of uniformity.

BACKGROUND

On December 26, 2008, Panansam Narayanan boarded a British Airways flight from Los Angeles, California, to Bangalore, India, with an intermediate stop in London, England. Mr. Narayanan, who suffered from terminal lung disease, was assured prior to boarding that should he need it, supplemental oxygen would be provided to him during the flight. During the flight, however, Narayanan was denied access to this oxygen. He received medical treatment in both London and Bangalore, and received further treatment upon his return to the United States in January 2009. Nonetheless, his health deteriorated, and on June 11, 2009, he passed away.

On March 7, 2011, Mr. Narayanan's widow and two adult children filed a claim against British Airways under Article 17(1) of the Montreal Convention, alleging that the airline's denial of supplemental oxygen hastened Mr. Narayanan's death. British Airways moved to dismiss, arguing that the Complaint was time-barred under the two-year limitations period established by Article 35(1) of the Convention. The District Court agreed, dismissing the complaint with prejudice, and the plaintiffs appealed.

THE MONTREAL CONVENTION

The Montreal Convention governs "all international carriage of persons . . . performed by aircraft" and provides the exclusive remedy for international passengers seeking damages against an airline. See Article 1(1). Article 17(1) provides that a carrier is "liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft[.]" As used in Article 17(1), an "accident" means a happening that is external to the passenger. Air France v. Saks, 470 U.S. 392, 405 (1985).

Article 29 of the Convention set forth limits on such claims, providing that "any action for damages . . . can only be brought subject to the...