Jets at risk for crashes caused by flocks of birds; Airports urged to study bird-strike risks

May 20, 2009
Abrams Landau Injury Law

In one of my early air travel injury cases, I successfully represented a gentleman who survived an airplane crash. Taking an international flight from an African airport, the large commercial jet in which he was a passenger flew into a flock of large birds, which jammed the jet’s engines, causing a crash. My client spent months in a trauma hospital in England because of the broken bones caused by the airplane’s crash. We won that case by showing that the airlines had “notice” of this dangerous condition. Loudoun Fairfax Injury Board member Doug Landau presented documentary proof demonstrating that the airline had actual notice of the presence of flocks of large indigenous birds. Because of Landau’s advocacy, and the wise assistance of his late father, Norman Landau, the innocent jet passenger was not limited by the monetary limits set forth on his ticket or International Law.

In last week’s USA Today, there is front page coverage of “JETS DOWNED BY BIRDS.” According to USA TODAY, a federal review found that one in three of the nation’s commercial airports have failed to take legally required action to reduce the hazards of planes striking birds. The Federal Aviation Administration (FAA) found that about 150 airports did not complete studies of wildlife hazards despite their histories of serious collisions between aircraft and birds or other animals, according to four government and industry officials. None would comment publicly before the FAA releases its findings.

The studies are the critical first step that airports use to identify bird risks and develop a plan to keep wildlife away from planes. A list of the airports wasn’t disclosed because each has to be notified by the FAA before it will be publicly identified as having failed to complete the hazard surveys. Federal regulators have been studying whether large birds have created a growing hazard to planes.

A US Airways jet struck a flock of Canada geese on Jan. 15, knocking out both engines and forcing the plane to splash down in New York’s Hudson River. The National Transportation Safety Board will begin a two-day hearing starting Tuesday into the accident. The pilots and flight attendants were hailed as heroes after the nearly powerless Airbus A320 touched down in the river and everyone escaped.

Federal aviation law requires that airports conduct an assessment of hazards from birds or other wildlife if planes have major collisions with animals. The assessment, which must be approved by FAA inspectors, serves as a guide for how the airport should deal with the wildlife. Airports use numerous techniques to remove birds. Air cannons or fireworks that make loud noises can be fired to scare birds away. Other solutions could be more subtle, such as keeping grass mowed around runways to make them less attractive to birds