On March 19, 2014, the US Court of Appeals for the Ninth Circuit held, in Narayanan v. British Airways, that under the plain language of Article 35(1) of the Montreal Convention, a claim for damages for death or bodily injury is extinguished if not brought within two years of the date of the aircraft's arrival at the destination regardless of when a claim actually accrues (No. 11-55870, (Mar. 19, 2014)).

On December 26, 2008, Panansam Narayanan boarded a British Airways flight from Los Angeles, California to London, England. At the time, Narayanan suffered from an advanced-stage, terminal lung disease that required supplemental oxygen during the flight. However, British Airways denied Narayanan access to his oxygen during the flight. On landing, he received medical treatment and was cleared to continue his trip to his final stop in Bangalore, India. He returned to the United States in January 2009 and died on June 11, 2009.

On March 7, 2011, Narayanan's widow and two adult children filed a claim against British Airways under Article 17(1) of the Montreal Convention, which provides the exclusive remedy for international passengers seeking damages against airline carriers. The complaint alleged that the denial of supplemental oxygen on the flight to London hastened Narayanan's death. The plaintiffs sought general, special and survival damages.

British Airways removed the case to federal court and moved to dismiss under FRCP 12(b)(6). British Airways argued that the complaint was time-barred under Montreal Convention's two-year statute of limitations period because the London flight arrived on December 26, 2008 and the family did not file their complaint until March 7, 2011, three months after the limitations period ended. The district court dismissed the complaint as untimely. The family appealed, arguing that the limitations period should have been triggered on the day of Narayanan's death, or when their wrongful death claim began accruing under California law.

The Ninth Circuit affirmed the district court's decision. Looking at the plain language of the statute, the court held that the plaintiffs' complaint was clearly untimely filed. Under Articles 29 and 35(1) of the Montreal Convention, a claim for damages under the Convention must be filed within two years of the date the aircraft arrived or ought to have arrived at its destination. Therefore, even though Narayanan's death occurred six months after the flight, the statute of limitations period for the wrongful death claim under the Montreal Convention was triggered when the flight arrived in London in December 2008.

Counsel seeking relief under the Montreal Convention should be mindful that the statute of limitations for damages is triggered by the date of the aircraft's arrival, not the date the claim actually accrues.