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
PG&E Dixie Fire and the Truckee Jet Crash
Some media outlets have reported that poor visibility from the PG&E Dixie wildfire smoke may have caused the Bombardier Challenger jet crash in Truckee. If true, would that make PG&E liable?
Probably not.
PG&E is liable to those whose property burned in the Dixie Fire, or those whose property was damaged by smoke
Montreal Convention Does Not Protect United Airlines From Passenger’s Malicious Prosecution Lawsuit
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
Montreal Convention Permits Passenger to Recover for Fear of Infection
Plaintiff was on a flight from Abu Dhabi to Chicago. She placed her hand into the seatback pocket, and was unexpectedly stuck with a hypodermic needle that lay within.
Continue Reading Montreal Convention Permits Passenger to Recover for Fear of Infection
Discretionary Function Exception to the Federal Tort Claims Act
If the United States Government is responsible for an accident, it can be sued just like any other wrongdoer under the Federal Tort Claims Act. But there’s an important exception — the federal government cannot be sued for bad decisions that the government left to the federal employee’s best judgment. The "Discretionary Function Exception"
6 Ways an Aircraft Owner Can Be Liable for an Accident When Someone Else Was Flying
Here are six ways an aircraft owner can be found liable even if he was not on board when the plane crashed:
- Vicarious liability for acts of permissive user. In many states, an aircraft owner is liable by statute for any injury caused by a pilot who was flying the aircraft with the owner’s
An Airline’s Liability for In-flight Injuries to International Travelers
Domestic travelers can hold the airline liable only if their injuries are caused by the airline’s negligence. But if the passenger is traveling internationally, then treaties called the Montreal and Warsaw Conventions apply. Under the Conventions, whether the airline was negligent is for the most part irrelevant. An airline is responsible only if the
When A Helicopter Hits An Offshore Oil Platform And Then Crashes Into The Ocean
A helicopter carrying workers to an oil rig attempts to land on the rig’s platform. The helicopter hits something on the rig, spins out of control, and crashes into the sea. All the helicopter’s occupants are killed.
Sadly, with more than 5000 oil rigs operating off the US shores, oil rig-related helicopter crashes are
Airline’s Liability for Injuries Caused by Falling Baggage
It’s the passenger in the aisle seat who is most often injured by baggage falling from an overhead bin. The injuries can be serious and can include mild traumatic brain injury.
If the baggage falls and injures a passenger who is travelling internationally, then the Montreal Convention or Warsaw Conventions apply. The conventions are
Foreign Sovereign Immunities Act Limits Aviation Lawsuits
It used to be impossible for an American injured by a foreign government to sue that government in the US. If the American tried, the foreign government could assert “sovereign immunity” as a complete defense. But now the Foreign Sovereign Immunities Act sets forth a few important exceptions to that immunity. For example, a victim can sue the