When can an airline lose the liability limits provided by the Warsaw Convention?

Under the Warsaw Convention, an air carrier is generally granted the benefit of limited liability for the loss of or damage to passengers, baggage, or cargo during international carriage.

However, an airline forfeits these liability limits if it is proven that the damage resulted from the willful misconduct of the carrier or that of its servants and agents.1

Additionally, the convention establishes strict requirements regarding the issuance and contents of appropriate documents of carriage, such as passenger tickets, baggage checks, and air waybills. Failure to comply with these specific documentation rules can also result in the carrier being held to a standard of absolute and unlimited liability.1