Washington, Dec 5 – A U.S. federal judge in Washington dismissed a lawsuit that Sarala Nair, an Indian‑bound passenger, had filed against Delta Air Lines. The court ruled that Nair’s claim was submitted after the deadline required by the Montreal Convention, the international treaty that sets out liability for injuries on global flights.
Nair was traveling from Detroit to Mumbai, with a layover in Paris, on February 3, 2023. She said a bag fell from an overhead bin and struck her on the head while Delta staff were assisting another passenger.
The flight was scheduled to arrive in Mumbai on February 5. Nair filed her complaint on June 20, 2025—over four months after the treaty’s two‑year filing window had closed—so the court held that her case could not proceed, per its December 2 order.
The incident caught the attention of U.S.‑based Indian travelers because it occurred on the popular long‑haul Detroit‑to‑Mumbai route used by the 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 evaluated her, and the captain deemed that she needed emergency care. She was taken off the aircraft at the Detroit gate and transported to a hospital.
In her complaint, Nair sought compensation for injuries to her “skeletal, nervous, cardiovascular and/or musculoskeletal systems,” as well as damage to the “muscles, tendons, ligaments, nerves, bones and tissues of her head, back, neck, and/or other parts of her body.”
Delta transferred the case to federal court, arguing that the Montreal Convention exclusively governs such claims.
U.S. District Judge Robert J. White agreed, noting that Article 35 of the treaty required Nair to sue by February 5, 2025. He wrote, “Because Nair instead filed her complaint…over four months later – this action is untimely.”
The judge also rejected Nair’s 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.
He cited long‑standing precedent that luggage dropping from overhead bins is an “unexpected or unusual event” beyond the passenger’s control and therefore qualifies as an Article 17 accident. The Convention also preempts all state‑neGLIGENCE claims arising from injuries on international flights.
The Montreal Convention applies to the United States, India, and almost all major aviation nations, providing uniform rules for passenger injury claims. U.S. courts enforce the treaty strictly, including its two‑year filing deadline, and have repeatedly held that diaspora travelers must file within that period regardless of circumstances.
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