On international flights covered by the Montreal Convention, American's maximum liability for a passenger injury or death is set by an international treaty (currently around $175,000-$180,000 depending on the SDR rate), not by American itself, and this cannot be lowered by contract.
This analysis describes what American Airlines's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The Montreal Convention provides a minimum floor of liability protection for international passengers that American cannot contractually eliminate, but also sets a ceiling that may limit recovery in cases of severe injury or death compared to what U.S. domestic tort law might otherwise award.
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View change record →The removal of the specific personal injury/death liability cap (128,821 SDRs) leaves international passengers without a clear statement of American's maximum liability for injury or death claims.
View full change record →Adds explicit liability caps for personal injury and death under Montreal Convention, clarifying passenger recovery limits not previously detailed in the previous version.
View full change record →International passengers injured on a flight covered by the Montreal Convention may recover up to the treaty limit without proving fault, but recovery above that limit requires proving the airline was at fault and did not take all reasonable measures to avoid the damage, which is a more demanding legal standard.
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"For international travel to which the Montreal Convention applies, American's liability for proven damages is limited to 128,821 SDRs for personal injury or death. For baggage, liability is limited to 1,288 SDRs per passenger. These limits may not be contractually waived downward.Excerpt from American Airlines's Terms of Use
REGULATORY LANDSCAPE: The Montreal Convention of 1999 is an international treaty with domestic force in the U.S.
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The Montreal Convention provides a minimum floor of liability protection for international passengers that American cannot contractually eliminate, but also sets a ceiling that may limit recovery in cases of severe injury or death compared to what U.S. domestic tort law might otherwise award.
International passengers injured on a flight covered by the Montreal Convention may recover up to the treaty limit without proving fault, but recovery above that limit requires proving the airline was at fault and did not take all reasonable measures to avoid the damage, which is a more demanding legal standard.
ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.
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