Who’s who (& WHO do you sue) for injuries at the airport?

Who are the parties? That is a critically important question to ask at the outset of any airport or airline injury case.

Who owns/leases the turf?

AOA workers often have jobs that require them to be near moving trucks, planes and tugs that are moving quickly to keep jets on time. In an environment that is filled with many distractions, there can be many dangers that suppress the senses including loud noises, the smell of jet fuel, de-icer, and large vehicles restricting lines of sight.

 

While the terminal is divided into sterile and non-sterile areas, once travelers and workers pass the gate onto the tarmac, they enter the “Airport Operations Area” (AOA). The AOA includes runways, taxiing zones, aprons, refueling, and loading areas at an airport. These are specialized, busy, loud, and time-pressured environments where injuries can occur to airport workers, government agents, airline employees, and members of the traveling public. According to the Aviation Glossary, the AOA is defined as “any area of an airport used or intended to be used for landing, takeoff, or surface maneuvering of aircraft. An air operations area includes such paved or unpaved areas that are used, or intended to be used, for the unobstructed movement of aircraft in addition to its associated runway, taxiways, or apron.”

This distinction is important because local county police or sheriff’s offices cannot simply investigate an injury or crash on the AOA. It is the responsibility of the airport authority’s police force to investigate, secure the area, and even press charges. For example, at Dulles Airport, the MWAA police can issue tickets for speeding, running a stop sign, reckless driving, and other infractions on the AOA. In some cases, criminal charges can lead to prosecution in local state courts. Reports issued by the airport police may contain valuable information about witnesses, products, airlines, and locations.

Who’s really flying the flight?

One area that often trips up plaintiffs in airline injury cases is identifying the correct air carrier to sue. Just because the traveler purchased a ticket from United doesn’t mean the flight was operated by United. The flight may be on an Alaska Airlines jet, which could be operated for the specific route by a third air carrier. Besides determining the correct party to sue, jurisdiction could be based on where the injury occurred, where the ticket was purchased (for onboard mishaps), or where the airline is located. Obtaining the original boarding pass, ticket, and online confirmation are all important steps. Sometimes the luggage tugs, fuel trucks, and other equipment may be borrowed from another carrier, so ascertaining the correct air carrier is a critical early step in the liability investigation.

Who’s subbed out the work?

When addressing liability, (or fault) it is important to recognize that many airlines and airports often have third-party operations. and sub contractors and subsidiaries. These third-party companies often serve as the middle-man and could be responsible for the cause of the accident.

At many international airports, the food kiosks and restaurants are operated by franchises, which may be responsible for injuries rather than the airports where they operate. Similarly, the maintenance and custodial services for bathrooms and common areas are often subcontracted to companies that would be the primary defendants in a slip-and-fall case. The DC Metropolitan airports regularly put these contracts out for bid, sometimes replacing successful food franchisors to “refresh” the terminal offerings. Recently, an injured airport traveler brought a claim against the current Dulles Airport maintenance company, only to discover that their bathroom slip-and-fall injury was caused by workers from American Building Management, the previous custodial company.

Lease & Use Agreements

The Use and Lease Agreement governs significant operational and financial aspects of airlines’ use of airport facilities, as well as business arrangements between airlines and the airport. This document can often help counsel determine the correct parties and identify the defendant ultimately liable for negligence at the airport. These agreements address the upkeep and improvement of airport infrastructure, including terminals, airfield pavement, passenger conveyance, baggage handling, utilities, roads, airline gates, and the international arrivals facility.

Acts of God

Regarding immunity, it’s important to note that the AOA may be a dangerous place, but airlines and airport authorities are typically not liable for the consequences of inevitable accidents or unforeseeable occurrences, such as unexpected weather or natural disasters. Such incidents are often considered “Acts of God,” and the law generally does not hold defendants responsible for events outside their control. There must be proof that the airline or airport was at fault for the injured passenger or runway worker to prevail and receive compensation. For example, in a case involving lightning strikes, the Virginia Workers’ Compensation Commission ruled against the electrified employee, despite his being out in the open during a known electrical storm.

If you or someone you know has been injured at an airport, especially after a fall caused by an unsafe condition, and there are questions as to what laws apply, please contact us at (703) 796–9055 or email frontdesk@landaulawshop.com