Explain the analytical framework that will likely be employed to determine liability where a passenger is injured in a domestic and international airline flight.© BrainMass Inc. brainmass.com August 16, 2018, 6:28 am ad1c9bdddf
Attached is my response to this problem. It is rather extensive because the issues surrounding airline accident law is complicating and is linked to tort law. Thank you for downloading this solution from the Library Center and good luck with your assignment!
DOMESTIC AIRLINE CRASHES:
1. In domestic airline crashes in the United States for all travel within the territory of the United States airplane crashes are handled as tort law or personal injury law. "Personal injury law, also known as tort law, is designed to protect you if you or your property is injured or harmed because of someone else's (sic) act or failure to act. In a successful tort action, the one who caused the injury or harm compensates the one who suffered the losses. Every tort claim, regardless of its basis, whether intentional, negligence, or strict liability, has two basic issues?liability and damages. Was the defendant liable for the damages you sustained, and, if so, what is the nature and extent of your damages? If you can prove liability and damages, our system of justice will award you compensation for your loss."
American Bar Association (ABA) cite: http://www.hg.org/torts.html
2. The elements to establish a prima facie case in aviation cases:
- Plaintiff (domestic passenger) must establish Defendant's (commercial airline) legal duty to act in a particular fashion
- Plaintiff must demonstrate that the defendant breached his/her duty to act with care. In tort cases involving airline crashes the standard is "highest duty of care."
- Plaintiff must establish that the suffering and loss was as a direct cause of defendant's breach of duty
- Plaintiff must demonstrate the damages suffered as a result of defendant's breach of duty.
3. Tort law has four objectives in intentional wrongdoing, negligence, and ultra-hazardous activities:
- The victim can seek compensation for injuries or loss suffered by the the culpable action or inaction of others.
- Shifts the cost of such injuries or loss to the person(s) who are legally responsible for inflicting them.
- Discourages future injurious, careless, and risky behavior by others.
- Seeks to vindicate legal rights and interests that were compromised, diminished, or undermined.
4. There are three major types of Tort Cases: (Taken verbatim from source cited below.)
Intentional: "[A] deliberate interference with a legally recognized interest, such as the rights to bodily integrity, emotional tranquility, dominion over property, seclusion from public scrutiny, and freedom from confinement or deception."
Negligence: "[A] term used by tort law to characterize behavior that creates unreasonable risks of harm to persons and property. A person acts negligently ...
This is a 10,625 word document in outline form that discusses where liability lies where a passenger gets injured in a domestic or international airline flight. Cites a case involving a domestic airline crash and the Warsaw Convention Treaty.