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  • 1.

    Major air law treaties
    To which major air law treaties related to carrier liability for passenger injury or death is your state a party?

  • 2.

    Montreal Convention and Warsaw Convention
    Do the courts in your state interpret the similar provisions of the Montreal Convention and the Warsaw Convention in the same way?

  • 3.


    Do the courts in your state consider the Montreal Convention and Warsaw Convention to provide the sole basis for air carrier liability for passenger injury or death?

  • 4.

    Definition of ‘carrier’
    In your state, who is considered to be a ‘carrier’ under the Montreal and Warsaw Conventions?

  • 5.

    Carrier liability condition
    How do the courts in your state interpret the conditions for air carrier liability - ‘accident’, ‘bodily injury’, ‘in the course of any of the operations of embarking or disembarking’ - for passenger injury or death in article 17(1) of the Montreal Convention and article 17 of the Warsaw Convention?

  • 6.

    No negligence defence
    How do the courts in your state interpret and apply the ‘no negligence’ defence in article 21 of the Montreal Convention, and the ‘all reasonable measures’ defence in article 20 and the ‘wilful misconduct’ standard of article 25 of the Warsaw Convention?

  • 7.

    Advance payment for injury or death
    Does your state require that advance payment be made to injured passengers or the family members of deceased passengers following an aircraft accident?

  • 8.

    Deciding jurisdiction
    How do the courts of your state interpret each of the jurisdictions set forth in article 33 of the Montreal Convention and article 28 of the Warsaw Convention?

  • 9.

    Period of limitation
    How do the courts of your state interpret and apply the two-year period of limitations in article 35 of the Montreal Convention and article 29 of the Warsaw Convention?

  • 10.

    Liability of carriage
    How do the courts of your state address the liability of carriage performed by a person other than the contracting carrier under the Montreal and Warsaw Conventions?

  • 11.

    Governing laws
    What laws in your state govern the liability of an air carrier for passenger injury or death occurring during domestic carriage?

  • 12.

    Nature of carrier liability
    What is the nature of, and conditions, for an air carrier’s liability?

  • 13.

    Liability limits
    Is there any limit of a carrier’s liability for personal injury or death?

  • 14.

    Main defences
    What are the main defences available to the air carrier?

  • 15.

    Damages
    Is the air carrier’s liability for damages joint and several?

  • 16.

    Rule for apportioning fault
    What rule do the courts in your state apply to apportioning fault when the injury or death was caused in whole or in part by the person claiming compensation or the person from whom the right is derived?

  • 17.

    Statute of limitations
    What is the time within which an action against an air carrier for injury or death must be filed?

  • 18.

    Seeking recovery
    What are the applicable procedures to seek recovery from another party for contribution or indemnity?

  • 19.

    Time limits
    What time limits apply?

  • 20.

    Applicable laws
    What laws apply to the liability of the air carrier for injury or damage caused to persons on the ground by an aircraft accident?

  • 21.

    Nature and conditions of liability
    What is the nature of, and conditions for, an air carrier’s liability for ground damage?

  • 22.

    Liability limits
    Is there any limit of carriers’ liability for ground damage?

  • 23.

    Main defences
    What are the main defences available to the air carrier in a claim for damage caused on the ground?

  • 24.

    Applicable laws
    What laws apply to the liability of the air carrier for injury or death caused by an unruly passenger or a terrorist event?

  • 25.

    Nature and conditions of liability
    What is the nature of, and conditions, for an air carrier’s liability for injury or death caused by an unruly passenger or a terrorist event?

  • 26.

    Liability limits
    Is there any limit of liability for injury or death caused by an unruly passenger or a terrorist event?

  • 27.

    Main defences
    What are the main defences available to the air carrier in a claim for injury or death caused by an unruly passenger or a terrorist event?

  • 28.

    Applicable legislation
    Summarise the laws or regulations related to the liability for injuries or damage caused by drones.

  • 29.

    Applicable legislation
    Summarise aviation-related consumer-protection laws or regulations related to passengers with reduced mobility, flight delays and overbooking, tarmac delay and other relevant areas.

  • 30.

    Relevant laws
    What laws apply to the liability of the government entities that provide services to the air carrier?

  • 31.

    Nature and conditions of liability
    What is the nature of, and conditions for, the government’s liability?

  • 32.

    Liability limits
    Are there any limitations to seeking recovery from the government entity?

  • 33.

    Responsibility for accidents
    Can an air carrier be criminally responsible for an aviation accident?

  • 34.

    Effect of proceedings
    What is the effect of criminal proceedings against the air carrier on a civil action by the passenger or their representatives?

  • 35.

    Compensation
    Can claims for compensation by passengers or their representatives be made against the air carrier through the criminal proceedings?

  • 36.

    Liability
    What is the legal effect of a carrier’s conditions of carriage or tariffs on the carrier’s liability?

  • 37.

    Damage recovery
    What damages are recoverable for the personal injury of a passenger?

  • 38.


    What damages are recoverable for the death of a passenger?

  • 39.

    Investigatory authority
    Who is responsible in your state for investigating aviation accidents?

  • 40.

    Disclosure restrictions
    Set forth any restrictions on the disclosure and use of accident reports, flight data recorder information of cockpit voice recordings in litigation.

  • 41.

    Relevant post-accident assistance laws
    Does your state have any laws or regulations addressing the provision of assistance to passengers and their family after an aviation accident?

  • 42.

    Mandatory requirements
    Are there mandatory insurance requirements for air carriers?

  • 43.

    Court structure
    Provide a brief overview of the court structure as it relates to civil aviation liability claims and appeals.

  • 44.

    Allowable discovery
    What is the nature and extent of allowable discovery/disclosure?

  • 45.

    Evidence
    Does the law of your state provide for any rules regarding preservation and spoliation of evidence?

  • 46.

    Recoverability of fees and costs
    Are attorneys’ fees and litigation costs recoverable?

  • 47.

    Pre and post-judgment interest
    Does your state impose pre-judgment or post-judgment interest? What is the rate and how is it calculated?

  • 48.

    Settlements
    Is court approval required for settlements?

  • 49.


    What is the effect of a settlement on the right to seek contribution or indemnity from another person or entity? Can it still be pursued?

  • 50.


    Are there any financial sanctions, laws or regulations in your state that must be considered before an air carrier or its insurer may pay a judgment or settlement?

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New York
The Chrysler Building
405 Lexington Avenue
10174
New York
USA
T: +1 212 710 3900
F: +1 212 710 3950


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