Airline Passenger’s Food Poisoning Claims Ruled Preempted by Montreal Convention

The state tort claims of an airline passenger sickened by food poisoning during an Air France-KLM flight from Paris to Los Angeles are preempted by the Montreal Convention but may be refiled under that treaty, the Central District of California ruled May 7 (Benamar v. Societe Air France, C.D. Cal., 15-cv-02444, 5/7/15).

The treaty, of which the U.S. is a signatory, applies to passenger injuries suffered onboard international flights and includes the claims of Laila Benamar, who alleges she suffered H Pylori food poisoning while in transit, the U.S. District Court for the Central District of California ...