Domestic carriage – liability for passenger injury or death

Governing laws

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

The Commercial Code and the Civil Code govern the liability of an air carrier for passenger injury or death occurring during domestic carriage.

Nature of carrier liability

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

The liability of the air carrier to its passengers is negligence liability.

The air carrier bears the burden of proving it is not at fault.

Liability limits

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

In the event of personal injury or death, special provisions that exempt or reduce the carrier’s liability for damages become null and void. However, exceptions apply when transporting those for whom physical threats may be imposed by the normal vibrations caused by transportation or other circumstances in which delay of the transportation is the main cause and disasters (eg, large-scale fires or earthquakes) have occurred or are likely to occur.

Main defences

What are the main defences available to the air carrier?

Refuting that a legally sufficient cause to the damages cannot be found is possible.

If the injured person is negligent, refutation by claiming comparative fault is also possible.

Damages

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

Yes. If the carrier is negligent, it owes joint and several liability to the injured person.

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?

If several people are negligent, each will be jointly and severally liable to the injured person. The fault percentage will be settled among the negligent parties and each will be responsible up to the percentage of its fault percentage.

Statute of limitations

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

A claim for damages against an air carrier for injury or death is considered to be a claim for damages for torts; thus, the action must be filed within five years from the time that the injured person learns of the injury and identifies the negligent party. The statute of limitations also runs for 20 years from the time of the wrongful act.

Law stated date

Correct on

Give the date on which the information above is accurate.

22 November 2019.