LAWS AND REGULATIONS
Our attorneys are extremely knowledgeable in the various state, national and international laws that govern aviation cases. This knowledge enables us, where appropriate, to file suit in jurisdictions most advantageous to our clients. Some of the aviation laws and treaties that govern the aviation industry are:
Aviation Disaster Family Assistance Act
Passed in 1996, after the TWA crash which killed 230 people off Long Island, this law requires that the families of airline accident victims be treated with care and respect. The law states that airlines must take certain actions following an airline disaster, including the following:
- Provide accident notification to families and the National Transportation Safety Board (NTSB).
- Give family members time to notify other relatives before passengers' names are made public.
- Offer crisis counseling for victims' families.
- Make transportation, hotel rooms and food available for families of victims.
- Help family members retrieve dental records and X-rays to identify the victims.
- Provide a reliable, publicized toll-free number with sufficient capacity to answer questions in the aftermath of a crash.
- Provide the media with continuous updates on the progress of the notification process.
- Maintain daily contact with family members who do not travel to the incident site.
- Develop procedures for the handling of personal effects not being held as evidence.
- Coordinate with the United States Department of Justice in arranging meetings with family members to explain their rights
- Participate in daily meetings to review daily activities, resolve problem areas, and synchronize future family support operations.
1999 Montreal Convention
The Montreal Convention became effective on November 4, 2003, after ratification by the requisite 30 countries. It is an international treaty adopted by a meeting of International Civil Aviation Organization member states in 1999, and it establishes rules for the compensation of victims of air disasters, when the passengers were engaged in international transportation. Thus, the Convention has no application to passengers who are traveling within a single country. In those cases, the laws of the most interested country or state will apply.
Under the Convention, airlines are liable regardless of fault for proven damages of as much as $135,000 per passenger. If damages exceed $135,000, as they usually do, the airline is still generally liable for the full amount, but it does have the opportunity to escape liability by proving that it was totally without fault. Airlines generally do not even attempt to prove they were blameless.
The Convention also regulates where a claim may be filed, and bars recovery for purely emotional harm, or of punitive damages. Otherwise, the Convention leaves it up to local laws to determine what damages are recoverable. Thus, most litigation in Montreal Convention cases centers around strategic questions such as where a case can be tried, and what damages laws apply. These questions have a significant impact on how much a plaintiff recovers.
1958 Federal Aviation Act
This act established the modern version of the Federal Aviation Administration (FAA), which regulates virtually every aspect of aviation from the manufacturing, maintenance and operation of aircraft to the qualifications of pilots and the "rules of the road" in the air. The Act is important for civil litigants because compliance with, or violation of, Federal Aviation Regulations (FARs) often are important issues in negligence and product liability cases.
Death on the High Seas Act
The Death on the High Seas Act (DOHSA), was enacted in 1920 in response to a Supreme Court decision which held that a widow had no right to recover for the wrongful death of her husband because the accident occurred outside the jurisdiction limits of the United States. DOHSA provides a federal wrongful death remedy that begins where state wrongful death statutes end -- 12 nautical miles from shore. Where aircraft accidents occur over the ocean, courts have held that the DOHSA wrongful death remedy applies. As recently amended, DOHSA allows for the recovery of wrongful death damages for economic losses, as well as non-economic losses such as loss of the decedent's care, comfort and companionship. It does not allow for the recovery of damages for pain and suffering prior to death, or for the recovery of punitive damages.
About Lieff Cabraser
Founded in 1972, Lieff Cabraser Heimann & Bernstein, LLP is a sixty-plus attorney law firm with offices in San Francisco, New York and Nashville. For the last seven years, the National Law Journal has recognized Lieff Cabraser as one of the top plaintiffs' law firms in America.
For our personal injury cases, we bring a team of experienced lawyers. Each client is assigned an individual lawyer. In addition, we have on staff multiple nurses, legal assistants, scientific analysts and case clerks to assist the attorneys. Learn more about our firm.