AVIATION LAW

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AVIATION LAW WEEK 11
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THE MONTREAL CONVENTION
OF 1999
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FOUR MAJOR DIFFERENCES BETWEEN WARSAW AND
MONTREAL
1. TREATY STRUCTURE, TEXT, TERMINOLOGY 2.
ELIMINATION OF LIABILITY LIMITS FOR PASSENGER
DEATH OR INJURY 3. ADDITION OF A FIFTH
JURISDICTION 4. ADDED IN GUADALAJARA CONVENTION
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MONTREAL CONVENTION HIGHLIGHTS
1. TWO TIER SCHEME OF UNLIMITED LIABILITY
EMBODIED IN 1996 IATA. 2. ENLARGE PLAINTIFFS
VENUE OPTIONS TO INCLUDE PASSENGERS PERMANENT
RESIDENCE. 3. PROVIDES FOR ADVANCE PAYMENTS AS
REQUIRED BY NATIONAL LAW IN THE CASE OF AIRCRAFT
ACCIDENTS RESULTING IN DEATH OR INJURY TO
PASSENGERS.
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MONTREAL CONVENTION HIGHLIGHTS
4. PERMITS COSTS, INTEREST AND LEGAL FEES TO BE
AWAREDED IN ADDITION TO THE LIMITS SPECIFIED FOR
DAMAGES CAUSED BY DELAY. 5. REQUIRES REVIEW OF
PROPERTY DAMAGE LIMITS AT FIVE -YEAR
INTERVALS. 6. SPECIFIES THAT STATE PARTIES
SHALL REQUIRE THEIR CARRIERS TO MAINTAIN ADEQUATE
INSURANCE.
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MONTREAL CONVENTION HIGHLIGHTS
TWO MOST IMPORTANT CHANGES
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ADOPTION OF TWO-TIERED SYSTEM OF UNLIMITED
DAMAGES
ARTICLE 17

• STRICT LIABILITY UP TO 100,000 SDRs

• COMPENSABLE DAMAGES IN EXCESS OF 100,000 SDRs
• IF CARRIER CAN PROVE NO NEGLIGENCE

NO NEGLIGENCE REPLACES ALL NECESSARY MEASURES
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FIFTH JURISDICTION ADDED
ARTICLE 33
PASSENGERS HOMELAND
ESSENTIAL ELEMENT TO USA RATIFICATION
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• CARRIER LIABILITY DEPENDS UPON PLAINTIFF
• PROVING
• THE INJURY WAS CAUSED BY AN ACCIDENT
• THAT OCCURRED EITHER ON THE AIRCRAFT
• OR IN THE COURSE OF ANY OPERATIONS OF
• EMBARKING OR DISEMBARKINGAND
• RESULITED IN BODILY INJURY MEANING
• THE WOUNDING OF FLESH AND/OR BONE

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WHAT CONSTITITUTES AN ACCIDENT WITHIN THE
MEANING OF ARTICLE 17(1)
PASSENGERS INTERNAL REACTION TO NORMAL FLIGHT
CONDITIONS OR ROUTINE AIRCRAFT OPERATIONS ARE NOT
ACCIDENTS
EVERYTHING ELSE - WIDE OPEN
WALLACE v. KAL
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WHAT CONSTITUTES BODILY INJURY?
BODILY INJURY IS NOT PERSONAL INJURY

• EASTERN v. FLOYD
• ALVAREZ v. AMERICAN AIRLINES
• WEAVER v. DELTA AIRLINES

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EASTERN v. FLOYD
WARSAW ARTICLE 17
LESION CORPORELLE PHYSICAL INJURY
PHYSICAL/BODILY INJURY REQUIRED UNDER WARSAW
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ALVAREZ v. AMERICAN AIRLINES
Q IS PHYSICAL INJURY A THRESHHOLD FOR RECOVERY
OR MUST PSYCHIC INJURY FLOW FROM THE THE
PHYSICAL/BODILY INJURY
CAUSAL CONNECTION BETWEEN PHYSICAL AND EMOTIONAL
INJURIES REQUIRED
BUT, ...
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WEAVER v. DELTA AIRLINES
PTSD CONSTITUTES PHYSICAL INJURY AND PHYSICAL
MANIFESTATION OF INJURY
IN LLOYD v. AMERICAN ...
TRIAL COURT SAYS BOTH, BODILY INJURY ONLY A
THRESHHOLD AND PTSD CREATES BOTH
EIGHTH CIRCUIT DISAGREES
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I C A O
INTERNATIONAL CIVIL AVIATION ORGANIZATION
I A T A
INTERNATIONAL AIR TRANSPORT ASSOCIATION
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INTERNATIONAL CIVIL AVIATION ORGANIZATION
INDEPENDENT BRANCH OF THE UNITED NATIONS
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I A T A
INTERNATIONAL AIR TRANSPORT ASSOCIATION
AIRLINE TRADE GROUP
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GENERAL AVIATION
A. PRODUCT LIABILITY
GARA 49 USC 40101
Texas Product Liability Statute TCPR Code
82.001

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GENERAL AVIATION
B. AVIATION SAFETY REPORTING SYSTEM (ASRS)

• TO ENCOURAGE IDENTIFICATION AND REPORTING OF
• DEFICIENCIES AND DISCREPANCIES INAIR TRAFFIC
• CONTROL SYSTEM TO PROMOTE SAFETY

• REPORTS SUBMITTED TO NASA AS THIRD PARTY TO
• ASSURE ANONYMITY OF REPORTING PARTY

• USE OF REPORTS IN ANY DISCIPLINARY ACTION, UNLESS
• CRIMINAL OFFENSE OR ACCIDENT IS INVOLVED

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GENERAL AVIATION
A. PRODUCT LIABILITY
B. AVIATION SAFETY REPORTING SYSTEM (ASRS)
C. FIXED BASE OPERATORS
E.W. WIGGINS v. MASS PORT
POMPANO BEACH v. FAA
AIRCRAFT REPAIR AND MAINTENANCE LIEN - Tex Prop
Code 70.301 - 70.306
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E.W. WIGGINS v. MASS PORT

• Right to operate
• Governmental interest

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POMPANO BEACH v. FAA

• UNJUST DISCRIMINATION
• EFFECT OF TAKING FEDERAL FUNDS

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GENERAL AVIATION
AIRCRAFT REPAIR AND MAINTENANCE LIEN Tex Prop
Code 70.301 - 70.306
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WEEK 12
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GENERAL AVIATION CONT.
D. PILOT
OPERATOR LIABILITY
E. OWNER LIABILITY
OREFICE v. ALBERT WHISTLER v. SHOEMAKER PROPRIET
ORS v. VALSECCHI TEX. CIV. PRAC. REM. CODE
71.002
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GENERAL AVIATION CONT.
F. NEW ISSUES/CUTTING EDGE
FREE FLIGHT
WORLD WIDE WEB
FORCED IMPRISONMENT
ECONOMY CLASS SYNDROME