The Montreal Convention sets forth an airline’s liability for a passenger’s injury or death on an international flight. Under the Convention, the airline’s liability does not depend on whether the airline was “negligent” or otherwise “at fault” for the injury or death. Rather, the airline is automatically liable, provided that the injury was caused by
Airlines
American Eagle Flight 5342 Families are Entitled to Sue the US Military for the Black Hawk’s role in causing the Mid-Air Collision
By Mike Danko on
The Feres Doctrine protects the military from lawsuits brought against it by Families of service members killed in the line of duty as a result of its negligence. The Feres Doctrine does not, however, prevent civilians who have lost love ones from suing.
Families must still navigate the nuances of the Federal Tort Claims Act…
Suing Air Traffic Control for the Mid-Air Collision at DCA
By Mike Danko on
Wasn’t it Air Traffic Control’s job to keep the American Airlines flight safe from the Black Hawk helicopter? Can families sue Air Traffic Control to obtain compensation for their losses? What’s involved?
Air traffic controllers work within the guidelines set forth in the Controller’s Handbook (pdf), which they often call “the Bible.” The Handbook is hundreds…
Boeing Slapped on the Wrist for Using Unapproved Parts in 759 Aircraft
By Mike Danko on
Posted in Airlines
Among the most dangerous activities in the aviation industry is the installation on an aircraft of unapproved or bogus parts – parts that have not been properly tested, approved, and certified as safe. The practice has been linked to the crash of both commercial and private aircraft. It is illegal to install uncertified parts on…
737 Max Families Demand that FAA Chief Be Replaced
By Mike Danko on
Posted in Airlines
Families of those lost in the Ethiopian Airlines Boeing 737 Max crash met with Biden’s Transportation Department seeking to get the top FAA official fired for being “too cozy” with Boeing. According to the families, “The FAA has been, and continues to be, more interested in protecting Boeing and the aviation industry than safety.” …
Montreal Convention Does Not Protect United Airlines From Passenger’s Malicious Prosecution Lawsuit
By Mike Danko on
A passenger boarded a United flight from Rome to San Francisco. He asked for food. The flight attendant refused. The two exchanged words. Eventually, another flight attendant heard the argument and brought the passenger some crackers. The passenger ate the crackers, took his seat, and went to sleep.
While the passenger slept, the flight attendant…
737 Max: Boeing CEO At Loss for Words When Confronted With FNC Commentary
By Mike Danko on
Posted in Airlines
The first thing Boeing does when sued for a crash on foreign soil is try to get those lawsuits moved out of the US and into the foreign countries. In the case of the 737 Max cases, it means trying to move them to Indonesia and Ethiopia. If Boeing’s successful, the cases would be virtually…
Ethiopian Flight 302 and Lion Air Flight 610: Keeping Lawsuits Against Boeing in the US
By Mike Danko on
Posted in Airlines
Families of both Ethiopian Airlines Flight 302 and Lion Air Flight 610 have sued Boeing in Cook County, Illinois. To win, the families need prove only that a defect in the design of the Boeing 737 Max contributed to the crashes. But first they have to convince the judges that their cases should be heard…
Ethiopian Airlines Flight 302: Can Families Hold the FAA Liable For Certifying the Boeing 737 Max 800 As Safe When It Wasn’t?
Normally, the FAA cannot be sued for doing a bad job certifying an aircraft as safe. But in the case of the 737 Max, things might be different.
As a general rule, the FAA cannot be sued as long as, in certifying the aircraft as safe, it was exercising its “discretion.” The United States Supreme…
FAA’s Approval of the 737 Max Questioned – But Why Now?
By Mike Danko on
Both the Department of Justice and Transportation Department’s inspector general are investigating the FAA’s approval of the Boeing 737 Max and, in particular, the aircraft’s anti-stall system known as MCAS.
The FAA is supposed to ensure that Boeing aircraft are safe. Investigators want to know:
- Are the FAA and Boeing too cozy?
- Is the FAA’s
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