Because Asiana Flight 214 was international, lawsuits against the responsible airline are governed by the Montreal Convention. The Montreal Convention strictly limits where a passenger may bring suit. To bring suit against an airline in a U.S. court, the injured passenger must be a U.S. resident, the passenger’s ticket must have been issued in
Litigation Strategies
Suing Asiana Airlines in the United States
Other countries severely limit the compensation that may be awarded in lawsuits arising from airline accidents. For example, many other countries do not allow families to be compensated for loss of a loved one’s "care, comfort, and society." Or for "pain and suffering." That’s why in almost all situations the best venue for an Asiana Airlines…
$26 Million Jury Verdict After Lycoming Refuses to Turn Over Documents
A jury in Washington state handed down a $26 million verdict against Avco Lycoming as a result of a fatal Cessna 172 crash that killed three people in 2008. The jury’s award included $6 million in punitive damages, designed to punish Lycoming for consciously disregarding the safety of the flying public.
It’s the second time a jury has…
Aviation Lawyers Convene at AAJ Vancouver Convention
The American Association for Justice’s Annual Convention begins today at the Vancouver Convention Centre. The program for aviation lawyers will be held on Monday, July 12. The schedule:
8:30 – 11:45, Room 215-216:
Speakers will be
Mike Danko – Aviation Litigation Forecast
Ricardo Martinez-Cid – International Commercial Airplane Crashes
Ladd Sanger – Aviation Deposition and Trial Skills…
Suing the Foreign Air Carrier in the United States
Other countries severely limit compensation that may be awarded in wrongful death lawsuits arising from airline accidents. For example, many other countries do not allow families to be compensated for loss of a loved one’s "care, comfort, or society." As a result, in almost all situations, the best venue for a family’s lawsuit against an airline…
Avoiding the Empty Chair Defense
In the early stages of a lawsuit, it is often unclear which of two different defendants is responsible for an aviation accident. But as the case progresses, evidence may point to one defendant over another. When that happens, it may seem like a good idea for the victim to settle with (or dismiss from the lawsuit) the defendant whose…
Exosphere3d’s Animation of US Airways Flight 1549: Courtroom-Ready
I blogged about Scene Systems’ animation of Flight 1549’s landing in the Hudson here back in March. Great effort, but I noted that it would take hundreds more hours of work before it could be used in court. That’s because it did not appear that the animation accounted for and synchronized all the available data…
First Air France Flight 447 Lawsuit: Questions and Answers
The families of Michael and Anne Harris, the American couple on board Air France Flight 447, filed suit this week in Houston federal court. It’s the first lawsuit arising from the crash. The most frequently asked questions about this suit are:
Question: Aren’t the families jumping the gun? The black boxes haven’t yet been recovered, and may never be. For…
Preserving the Aircraft Wreckage
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Requiring an Aviation Insurance Company to Pay More Than the Policy Limits
An aviation insurance company must fairly compensate those injured due to the negligence of one of its policy holders. Of course, in most cases, the insurance company’s financial responsibility is limited to the dollar limits of the insurance policy.
But not always.
When an insurance company unreasonably forces an aviation accident victim to take his case to trial instead…