{"id":8869,"date":"2023-09-18T17:22:57","date_gmt":"2023-09-18T17:22:57","guid":{"rendered":"https:\/\/landauinjurylaw.com\/airportinjurylawyer\/?p=8869"},"modified":"2023-09-01T18:05:03","modified_gmt":"2023-09-01T18:05:03","slug":"international-aircraft-laws-that-apply-and-how-to-start-a-lawsuit","status":"publish","type":"post","link":"https:\/\/landauinjurylaw.com\/airportinjurylawyer\/2023\/09\/18\/international-aircraft-laws-that-apply-and-how-to-start-a-lawsuit\/","title":{"rendered":"International Aircraft Laws That Apply and How To Start A Lawsuit"},"content":{"rendered":"

Scalding and Other Injuries in the Air: What International Aircraft Law Applies and How Do You Start a Lawsuit?<\/p>\n

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 limit, known as \u201cthe Statute of Limitations.\u201d In many Virginia injury cases, this time limit is 2 years.<\/p>\n

There are several elements of an international aircraft injury case that must be contained in a Complaint (the document filed to start a lawsuit in the Federal Court). You cannot just file any case in the Federal District Courts of the United States. There must be a law that gives you permission to start litigation in these venues. The jurisdiction of the Court is invoked pursuant to 28 U.S. Code \u00a7 1391. A \u201cFederal Question\u201d is presented pursuant to the Convention for the Unification of Certain Rules for International Carriage by Air done in Montreal on May 28, 1999 (the Montreal Convention<\/a>).<\/p>\n

The injured passenger must explain why this case should be heard in a Federal Court. If a lawsuit is filed in the wrong jurisdiction, it can be dismissed if a party requests the dismissal in a timely manner. This is known as the “venue” in legal terms. The venue is proper if a Defendant Airline has offices and conducts business within a judicial district as specified in 28 U.S. Code \u00a7 1391. Therefore, if an injured passenger files a lawsuit in the U.S. Federal District Court for the Eastern District of Virginia, the airline cannot complain since most international carriers operate at Washington Dulles International Airport (IAD). The venue will be proper in the Judicial District according to 28 U.S. Code \u00a7 1391 if a substantial part of the events or omissions that give rise to the claim occurred in the District due to Defendant Airline’s contacts.<\/p>\n

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Almost half<\/a> of the nonstop flights that run through the Washington Dulles International Airport are international.<\/figcaption><\/figure>\n

A lawsuit must also identify the parties, where they reside, and do business. Oftentimes, the Defendant’s air carrier is a foreign corporation authorized to do business in the Commonwealth of Virginia. Doug Landau often reminds lawyers who don’t handle international aircraft injury cases that the airlines involved are “common carriers” in the business of transporting passengers by air for hire. As part of its business as a common carrier, these international airlines operate regularly scheduled flights to and from Washington Dulles International Airport (IAD) and Reagan National Airport (DCA). It is also important to include the ticketing information, as some international airlines outsource parts of their routes to other air carriers, “alliance partners”, or subsidiaries. For most Abrams Landau air injury cases, the Plaintiff’s travel originated, concluded, and was purchased in the Commonwealth of Virginia. Cases that involve Virginia residents who purchased their tickets online and traveled from Baltimore Washington International Airport (BWI), may have to be filed in the U.S. Federal District Court in Baltimore, Maryland.<\/p>\n

As Lawyer Landau taught in his award-winning Constitutional Law and Civics classes, it is a Defendant\u2019s right to have \u201cNotice\u201d and an \u201copportunity to be heard.” The Plaintiff\u2019s allegations should include that Defendant’s international airlines employed a flight crew aboard the subject flight who were responsible for the safe and secure operation of its flights and passengers. The operator is responsible for the service, maintenance, inspection, and\/or repair of the subject aircraft. The airline must ensure that the crew follows standard safety policies and protocols.<\/p>\n

Several of Doug Landau\u2019s International Aircraft Injury cases state:<\/p>\n

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