Aviation Litigation

Transportation Law: Air Transportation:Personal Injury & Property Damage

Aviation litigation may involve commercial airline accidents or private airline accidents. When a flight crosses state lines or when an aircraft contains passengers from several different states, an accident will often result in large multi-party lawsuits and litigation in several states or in several federal district courts. When several states are involved, it must be determined whether the state courts or the federal courts are entitled to exercise subject-matter jurisdiction over the accident and which state's laws will apply to the accident.

Although an accident that occurs within a state will generally entitle a court within the state to have subject-matter jurisdiction over the accident, the court must also have personal jurisdiction over the parties who are involved in the litigation. Each defendant must have sufficient minimum contacts with the state in order to be sued in the state court. Therefore, aviation litigation is often brought in federal courts based on the diversity of citizenship of the parties.

Although the general law of torts applies to airline accidents, federal law may be applied because the federal government is responsible for regulating aviation safety standards. Such federal laws include the Federal Aviation Act and the Federal Tort Claims Act. The Death on the High Seas Act or the Jones Act may apply if the accident occurred at sea or in navigable waters. The Foreign Sovereign Immunity Act, the Warsaw Convention, or the Hague Convention may apply if the accident involved a foreign airline or foreign passengers.

The Federal Aviation Administration (FAA) is the agency of the federal government that is responsible for prescribing minimum safety standards for the design and construction of aircraft and their components. The FAA is involved in the inspection of aircraft. The FAA is responsible for certifying pilots, crew members, and mechanics. The FAA promulgates air traffic rules and regulations regarding the flight of aircraft and the protection of persons and property on the ground. The FAA also licenses air traffic controllers.

State law may be considered to be inapplicable to an airline accident because of the Federal Airline Deregulation Act of 1978 (ADA). The ADA prohibits a state from enforcing its laws or regulations with regard to the price, route, or service of an air carrier. Although the ADA will generally preclude claims against air carriers under state consumer protection laws, the ADA does not preclude state negligence actions against air carriers for personal injuries.

Because airline accidents often result in serious personal injury and death, a state's wrongful death and survival laws may apply to an accident. A wrongful death action may be brought by a decedent's surviving spouse, children, and parents. A survival action may be brought by a decedent's heirs, legal representatives, and estate. Damages in a wrongful death action may include monetary losses, mental anguish, and loss of companionship. Damages in a survival action may include medical and hospital expenses, funeral expenses, and the pain and suffering of the decedent.

A state's tort and negligence laws may also apply to an airline accident. Negligence principles are based on a breach of a duty, which breach was the proximate cause of an accident. The airline, the pilot, or the people who are responsible for maintaining and repairing the aircraft may be sued for negligence. If aircraft malfunction was the cause of the accident, the manufacturer of the aircraft may also be sued for negligence. Airport owners and air traffic controllers may further be sued for negligence.

LIABILITY OF AIRLINES

Transportation Law:Air Transportation: Personal Injury & Property Damage

An airline may be liable to its passengers for an aircraft accident based upon its status as a common carrier, its contract with the passengers, or an implied or express warranty regarding the safety of its aircraft. An airline may also be liable to its passengers for delays, for discrimination, or for wrongful expulsion. An airline may further be liable for its negligence or for the negligence of its employees.

An airline carrier is considered to be a common carrier if it holds itself out to the public as willing to carry all passengers for hire. In order to be considered a common carrier, an airplane does not need to have a regular flight schedule. It may only engage in charter flights. The airline only needs to agree to carry the general public for a uniform fare or tariff and to not refuse to carry passengers for hire.

When an airline issues a ticket to a passenger, it enters into a contract of carriage with the passenger. If the airline breaches the contract of carriage, the passenger will be entitled to a breach of contract action against the airline. Although some cases involving aircraft accidents are based on contract principles, most cases are based on negligence or tort principles. Contract principles are generally reserved for cases involving lost or damaged luggage or cargo.

If an aircraft accident involves a defect or a malfunction in the aircraft, an action for breach of warranty may be brought against the airline. Although most breach of warranty actions are brought against aircraft manufacturers, a passenger may have problems bringing a breach of warranty action against a manufacturer because he or she does not have a contractual relationship with the manufacturer. Because the passenger has a contractual relationship with the airline, the passenger may claim that the airline breached its warranty regarding the safety of its aircraft.

Until 1983, airlines were not liable for delays or for the cancellation of a flight. After the enactment of the Airline Deregulation Act, an airline is now liable to its passengers for delays or for the passengers' failure to make a connecting flight under either negligence or breach of contract theories. This may be especially true if the airline overbooked a flight.

The Federal Aviation Act of 1958 provides that no air carrier shall give or cause any unreasonable preference or advantage to any particular person or subject the person to unjust discrimination or unreasonable prejudice. Under the Act, an airline may be liable to its passengers for discrimination or for wrongful expulsion. However, an airline is not liable for refusing to carry a passenger or for expelling a passenger who is considered to be dangerous or to be a safety threat.

An airline is liable for injury, death, or property loss that is the result of its negligence or the negligence of its employees. An airline is required to exercise the same duty of care to its passengers that a common carrier is required to exercise. Most courts hold an airline to the highest degree of care with regard to the safety of its passengers. In those courts, however, the airline is not considered to be an insurer of the passengers' safety. It is only responsible for acts of negligence. Although airlines are generally only responsible for injuries that are sustained by passengers, under some circumstances they may be liable for injuries that are sustained by non-passengers, such as persons who are injured on the ground in an aircraft accident.

Transportation Law: Air Transportation: Airports & Airways

Most airports are owned by state governmental units or state political subdivisions, such as cities, counties, or airport districts. Governmental units or political subdivisions are generally not liable for torts that result from the performance of a governmental function. Governmental units or political subdivisions are only liable for torts that result from the performance of a proprietary function.

The maintenance and operation of an airport by a city, county, or other public agency is considered in most states to be a governmental function. Therefore, when an airport is owned by a governmental unit, the airport is generally immune from liability for tort or negligence actions that may be brought by passengers, by visitors, or by persons on the ground.

If an airport is owned by a governmental unit and is not immune from liability for a tort or a negligence action that may be brought by passengers or by persons on the ground, the passengers or the persons on the ground may be limited as to the amount they can recover from the airport under state tort claims acts. Most state tort claims acts limit liability for personal injuries or for property damage to a specific dollar amount. Most state tort claims acts do not allow punitive damages. Plaintiffs seeking damages under state tort claims acts are required to present written notice of their claims against the governmental units within a certain number of days after their claims arise.

If an airport is owned by a private person or a private entity, the airport is not immune from liability for personal injury or property damage that occurs as a result of the operations of the airport. Owners and operators of airports owe a duty of ordinary care in the operation and maintenance of the premises of the airports. When the owners or operators park or store airplanes, the owners or the operators have a duty to use ordinary care in preventing damage to the airplanes.

The Federal Aviation Administration (FAA) is responsible for certifying airports that serve airplanes that have a seating capacity of more than 30 passengers. The FAA requires airport owners and operators to prepare airport operations manuals. Such manuals usually contain standards of conduct, which standards govern the operation of the airport and set forth the procedures that are to be followed in the event of personal injury or property damage on an airport's premises.

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