Can an airline limit its liability for passenger injury or death through tariffs?

The ability of an airline to limit its liability for passenger injury or death through tariffs is fundamentally restricted by relevant aviation laws and regulations. In many jurisdictions, particularly under international agreements such as the Warsaw Convention and the Montreal Convention, airlines are held to strict liability standards regarding injuries to passengers. This means they cannot unilaterally limit their liability for death or serious injury by including such provisions in their tariffs.

The rationale behind this is that passenger safety is of paramount concern, and limiting liability could undermine the accountability required to ensure safe airline operations. Such restrictions are designed to protect consumers and ensure that injured parties have recourse for serious harm.

On the other hand, airlines may have some latitude concerning the liability for lost or damaged luggage, which is treated differently under the law and can be limited through tariff provisions. This distinction further underscores the principle that passenger safety invokes a higher standard of care than that applied to baggage claims.

Thus, the assertion that tariffs cannot limit liability for injuries or death accurately reflects the prevailing legal standards governing airline operations and passenger rights.