Indian passenger’s injury suit against Delta dismissed as time-barred
Washington, Dec 5 (IANS/WISHAVWARTA):- A US federal court has dismissed a lawsuit filed by an India-bound passenger, Sarala Nair, against Delta Air Lines, ruling that her claim was filed too late under the Montreal Convention, the global treaty governing liability for injuries on international flights.
Nair, who was travelling from Detroit to Mumbai via Paris on February 3, 2023, alleged that a bag fell from an overhead bin and struck her on the head while Delta personnel assisted another passenger.
Her itinerary showed a scheduled arrival in Mumbai on February 5. Because she filed her lawsuit on June 20, 2025—more than four months after the treaty’s two-year deadline—her claim cannot proceed, the court held in its order dated December 2.
The case drew interest among Indian travelers in the US because the incident occurred on a long-haul Detroit–Mumbai service widely used by the Indian diaspora.
According to the Passenger Name Record cited in the judgment, Nair was seated in “55C” when “a bag from (an) overhead bin fell on her head.” A doctor onboard evaluated her, and the captain decided she needed emergency medical care. She was removed from the aircraft at the Detroit gate and transported to a hospital.
Her complaint sought compensation for injuries to her “skeletal, nervous, cardiovascular and/or musculoskeletal systems” and damage to “muscles, tendons, ligaments, nerves, bones and tissues of her head, back, neck, and/or other parts of her body.”
Delta removed the case to federal court, arguing that the Montreal Convention exclusively governs such claims.
US District Judge Robert J. White agreed, stating that Article 35 of the treaty required Nair to sue by February 5, 2025. “Because Nair instead filed her complaint… over four months later – this action is untimely,” he concluded.
The court also rejected her arguments that discovery was premature, that falling luggage did not constitute an “accident,” and that emotional damages placed her claim outside the treaty’s scope.
The judge noted longstanding precedent that items falling from overhead bins qualify as an “unexpected or unusual event” external to the passenger and therefore meet the definition of an Article 17 accident. He added that the Convention preempts all state negligence claims arising from injuries on international flights.
The Montreal Convention binds the US, India, and nearly all major aviation nations, providing uniform rules for passenger injury claims. Courts in the United States apply the treaty strictly, including its two-year filing deadline, and have repeatedly held that diaspora travellers must file within that period regardless of circumstances.
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