Domestic, Regional and International Air Carrier Liability Lawsuits
When a commercial air carrier is involved in an accident that causes injuries, property damage or fatalities, there are rules that can determine the amount of monetary liability. While general or private aircraft are regulated under state liability laws, domestic, regional and international air carriers may be protected by a limitation of liability in many aircraft accidents.
For domestic air carriers, the Federal Aviation Act allows for filing a tariff with the Civil Aeronautics Board for transporting persons. Under the tariff, the air carrier can limit their liability per person in an accident. The same is true for international air carriers under the Warsaw Convention. This agreement between the U.S. and several nations limits liability for international air carriers to $75,000 per passenger, even when general negligence is proven.
Gross Negligence and Willful Misconduct in Air Carrier Lawsuits
While there is limited liability that can put a cap on how much each victim of an air carrier accident may receive both domestically and internationally, these laws and regulations do not apply to gross negligence and willful misconduct. This is the area of litigation that can overrule liability limitations and help victims of air carrier accidents receive the compensation deserved for their injuries or loss. Gross negligence and willful misconduct require that the legal team prove a higher level of negligence. That another pilot or maintenance crew from another air carrier would not have made the same errors or choices that led to the accident.
Limitations of liability for domestic, regional and international air carriers can be a legal hurdle for aviation personal injury lawyers to overcome, but it is possible. Our team at Conley Griggs Partin LLP includes aviation experts that understand the complex rules, regulations and laws governing these entities, giving us the edge on building successful lawsuits for our clients. If you have endured an air carrier personal injury, property damage or wrongful death, contact our office in Georgia to schedule a free consultation to discuss your case.