Every day, the United States conducts an average of 45,000 flights. With 2.9 million passengers flying daily, air travel has become a regular occurrence. Even so, flying doesn’t come without a trace of anxiety regarding delays, weather, and the unspeakable.
When a plane crash occurs it makes international news, and rightfully so. These tragedies often claim victims from around the world, and are usually fatal for everyone on board. Lately, the headlines have been dominated by corporate scandals and federal investigations, all surrounding the uptick in crashes and parts malfunctions.
To help passengers understand their rights, we are covering different types of aviation law. Whether you or a loved one have suffered due to the negligence of an airline or a parts manufacturer for the airline, this is an easy guide for all consumers who fly.
The three tiers of aviation law
Not all flights are created equal in the eyes of the law. Should a lawsuit arise regarding a flight or airline, aviation lawsuits fall into three tiers:
- Tier 1: Domestic flights
- Tier 2: International flights
- Tier 3: Product liability/third-party vendor cases involving malfunctioning parts
Tier 1: Domestic flights
Since most flights cross state lines, the regulations governing U.S. aviation are under federal law. However, hyper-local issues (like resident complaints for noise) are handled by the states. It should be noted that no state regulations can override federal aviation laws.
The three branches that oversee domestic aviation law are:
- The Federal Aviation Administration (FAA)
- The National Transportation Safety Board (NTSB)
- Transportation Security Administration (TSA)
The Federal Aviation Administration handles domestic aviation and covers interstate navigation, air traffic control, and pilot licensing.
The National Transportation Safety Board handles lawsuits that arise out of transportation incidents. Their job is to investigate and report all issues regarding claims. Should you want to initiate a claim against an airline, they would first review your case then make recommendations to the FAA. Flying private can be a different ballgame, as private parties and smaller aircraft are not subject to the same strict federal laws that govern commercial airlines.
The Transportation Security Administration handles airline and airport security. This branch of aviation law is most visible to consumers, who have removed their shoes and stood for body scans by TSA agents at airports.
Tier 2: International flights
To understand international aviation law, you must first understand the governing body that oversees civil aviation safety: The International Civil Aviation Organization (ICAO). This is an agency within the United Nations, and they focus on regulations. In general, their focus is on aviation safety, improving navigation, and enhancing security. Members of ICAO around the world formed the Montreal Convention in 1999, and all member states collaborate to establish uniformity and predictability to the rules relating to the international carriage of passengers, baggage, and cargo.
Your rights as an international passenger
The Montreal Convention protects passengers with a two-tiered liability system. This system is beneficial for plaintiffs in a lawsuit. Before 1999, the burden was on plaintiffs to prove willful neglect by the carrier if they were to be rightfully compensated for damages over $75,000. Thankfully, this requirement has been eliminated. Now, under the Montreal Convention, air carriers are strictly liable for proven damages up to nearly $175,000 in U.S. dollars.
If damages are being sought for a higher amount, the airline may be able to avoid liability, but they must prove that the accident that caused injury or death was not due to their negligence, or prove that the accident was the result of a third party.
Victims and their families are allowed to sue foreign carriers where they maintain their principal residence. This is possible because the Montreal Convention now requires all airlines to carry liability insurance.
The Convention also covers lost baggage for international passengers, ensuring that airlines fully compensate travelers for lost baggage and the contents therein. Baggage is not considered completely lost until 21 days after the flight. For disabled passengers, mobility equipment (such as wheelchairs) must be fully compensated for as well.
Drawbacks to the Montreal Convention rules
The Montreal Convention does not recognize compensation for psychiatric injury or damage related to a crash or malfunction, unless it is accompanied by a physical injury. Regardless of the frightening videos we have seen of doors and windows coming loose on planes, passengers will not be compensated for therapy and such unless they have also been physically hurt.
Tier 3: Third-party vendors
At times, a lawsuit for a flight injury may not be due to the negligence of the pilot or oversight by the airline in general. Tier 3 lawsuits address the wrongful acts of third-party vendors. For instance, if the airline purchases faulty food carts from a third-party manufacturer, and these faulty carts have a tendency to roll away and slam into people in the aisles, and these incidents cause injury, this qualifies as a Tier 3 case.
These are considered product liability cases, and cover both domestic and international flights. Faulty parts that lead to issues such as broken windows and loose doors fall under this jurisdiction. These types of issues have been making headlines, and the footage has been frightening.
Pursuing a lawsuit against an airline
Large commercial airlines are powerful. They have teams of aviation lawyers that handle personal injury claims, both in-house and on retainer. Their legal teams even challenge the U.S. government if the FAA changes regulations that they don’t align with.
It is being argued that the airline industry is once again becoming a monopoly. Consumers were protected from monopoly when the U.S. passed the 1978 Airline Deregulation Act. However, in the years since, mega-mergers have formed four major airlines that control about 80% of total domestic passenger traffic: American, Delta, United, and Southwest. Consumers have complained that this is an abuse of power that hampers competition and raises prices for profit.
All this to say that pursuing a claim against a powerful commercial airline requires experienced attorneys who understand the nuances of aviation law. Over 20 major aircraft manufacturers are based out of Virginia, such as Boeing and Raytheon. This makes pursuing a claim convenient for our Virginia-based aviation attorneys – especially when handling Tier 3 product liability cases with commercial airlines.
If you or a loved one have been injured via commercial air travel through no fault of your own, you may be entitled to compensation. Call the experienced aviation attorneys at Allen & Allen today for a free case evaluation at 866-388-1307. We’re here to help.
