An In-Depth Look at All Areas of Aviation Liability

 

Major aviation catastrophes causing death and serious injury can be the catalysts for lawsuits seeking hundreds of millions of dollars in damages. At the other end of the liability spectrum are accidents in aircraft and airports, lost or damaged baggage or cargo, and other lesser, actionable wrongs. Each scenario gives rise to complex questions:

• Who is the victim, and where does he or she reside?
•  Where did the death, injury, loss, or damage occur?
•  Who caused the loss and in which jurisdiction are they located?
•  Where is the law most favourable to victims in terms of liability and recoverable losses?

Aviation Liability Law examines issues of liability for all parties involved in legal disputes over damage and death resulting from mishaps in the air. You will discover how the law applies to each type of litigant:

• Plaintiffs — injured or delayed passengers and the estates of deceased passengers; passengers with lost or damaged baggage; shippers with lost, damaged or delayed cargo; individuals suffering injury or property damage on the ground
•  Defendants — airlines, aircraft owners and operators, airports, air navigation service providers, aircraft and engine manufacturers, governmental institutions, and travel agencies
• Insurers — parties that provide insurance to defendants

Aviation expert Dr. Paul Stephen Dempsey explains common law and civil law issues surrounding aviation liability, as well as issues of domestic and international liability. Commentary includes an up-to-date survey of the jurisprudence of aviation liability worldwide — with cases from jurisdictions inside and outside North America and Europe for maximum coverage.

 

Answers to Your Important Questions

• How is liability apportioned among tortfeasors subject to different liability regimes?
• When may a court refuse to hear a case on grounds that another forum is more convenient?
• Which rules of liability apply to which defendants?
• What are the different liability regimes under the various conventions addressing international liability?
• What role does government accident investigation play in aviation litigation?
• What are the practical dimensions of aviation insurance and the role of insurers in aviation litigation?

Hard-to-Find Materials to Simplify Your Research

• Comprehensive compilation of all relevant international aviation liability conventions, plus comparative tables of provisions under the various treaty regimes
• Relevant European Union and United States regulations addressing aviation liability

An Invaluable Reference For

• Plaintiff counsel seeking analysis of procedures, processes, jurisprudence; rules of domestic and international liability; elements of proof; and recoverable damages
• Defence and insurance counsel who will benefit from understanding substantive and procedural defences, the limitations on liability, and the practical role of insurance in litigation
• Government officials in air transport ministries who need to be aware of the liability facing government institutions that provide air navigation services, and who need to understand the proper role of accident investigations
• Law students and libraries who need a comprehensive, timely resource on aviation law globally