WASHINGTON, D.C. — A U.S. federal court has dismissed a lawsuit filed by India-bound passenger Sarala Nair against Delta Air Lines, ruling that her claim was filed too late under the Montreal Convention, the global treaty that governs liability for injuries on international flights.
Nair was traveling from Detroit to Mumbai via Paris on February 3, 2023, when she alleged that a bag fell from an overhead bin and struck her on the head as 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 strict two-year deadline — the court held that her claim could not proceed. The decision was issued in an order dated December 2.
The case drew attention among Indian travelers in the United States because the incident occurred on a long-haul Detroit–Mumbai service commonly 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 on board examined her, and the captain determined she required emergency medical care. She was removed from the aircraft at the Detroit gate and taken to a hospital.
Her lawsuit sought compensation for injuries to her “skeletal, nervous, cardiovascular and/or musculoskeletal systems” and alleged damage to “muscles, tendons, ligaments, nerves, bones and tissues of her head, back, neck, and/or other parts of her body.”
Delta moved the case to federal court, arguing that the Montreal Convention exclusively governs such claims. U.S. District Judge Robert J. White agreed, stating that Article 35 required Nair to file suit by February 5, 2025. “Because Nair instead filed her complaint… over four months later — this action is untimely,” he wrote.
The court also denied Nair’s arguments that discovery was premature, that falling luggage did not constitute an “accident,” and that emotional distress placed her claim outside the treaty. The judge cited longstanding precedent holding that items falling from overhead bins qualify as an “unexpected or unusual event” external to the passenger, meeting the definition of an accident under Article 17.
He further noted that the Convention preempts all state negligence claims arising from injuries on international flights.
The Montreal Convention binds the United States, India and nearly all major aviation nations. U.S. courts apply the treaty strictly, including its two-year filing deadline, and have repeatedly ruled that passengers — including diaspora travelers — must meet that deadline regardless of circumstances. (Source: IANS)
