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? 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…
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Montreal Convention If any part of the injured traveler’s trip included an international component, then the Montreal Convention for International Air Travel may apply. This means there are special procedures, potential limits on recovery, and the need to file in federal court. The Montreal Convention, established in 1999, is an international treaty that protects international…
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Are airlines responsible for turbulence injuries? In-flight turbulence is the primary cause of injuries to airline flight attendants and passengers in non-fatal accidents. In certain cases of in-flight injuries, the airline, maintenance contractors, plane manufacturer, aircraft retro-fitter, or even the manufacturer of a faulty aircraft part, can be held responsible. The question raised is whether…
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Since the COVID-19 Pandemic, cases can be resolved with the parties, judges, witnesses, and counsel all in different places. Recently, Doug Landau was successful in settling a senior flight attendant injury case filed in the Loudoun County Circuit Court. The injured flight attendant alleged in his lawsuit papers: – The injured traveler was traveling on…
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After an injury onboard a jet, the commercial airlines and the Federal Aviation Administration require their flight crew to fill out incident reports. It is generally known that contemporaneous reports are made while the memories are still fresh, so these are sometimes the “best evidence” of what transpired. Memories fade over time, and injuries and…
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The Federal Aviation Administration is responsible for the safety of civil aviation. They are responsible for ensuring the safety of aircraft, managing transportation, and regulating operations. . “The FAA and the National Transportation Safety Board (NTSB) define an accident as an occurrence associated with the operation of an aircraft which takes place between the time any person boards…
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Why does Lawyer Landau need to see my pre-injury medical records? Medical records prior to an injury are crucial evidence in personal injury cases. The defendant’s insurance company, whether it’s the airport, airline, or other party, will review these records to assess the traveler’s health condition before the alleged negligent incident, as part of the…
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Scalding and Other Injuries in the Air: What International Aircraft Law Applies and How Do You Start a Lawsuit? Clients often ask what is meant by all the legal jargon in the paperwork to start their cases in court. If the claim cannot be settled, a lawsuit must be filed within the applicable legal time…
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One of the important questions Doug Landau asks every new client who fell at an airport or on the runway is, “Where exactly did you fall?” Why is this an important question? Understanding when someone falls, either before entering the terminal or after passing through the TSA checkpoint, is crucial, as it can significantly impact…
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Permanent injuries caused during an international itinerary can result in a lawsuit filed under the Montreal Convention if the airlines refuses to reach a compromise settlement with the injured air traveler. The Montreal Convention originated from the “Convention for the Unification of Certain Rules for International Carriage by Air.” It is an international agreement that…
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