Best Discrimination Attorneys in Union, NJ

In an airplane crash not involving an airline or other common carrier, the legal rules are usually very similar to those of an automobile accident. Unlike airline common carriers, which are held to a higher standard of care, owners and operators of private aircraft are required to exercise ordinary care in operating an aircraft. If an airplane accident involves a common carrier, the right to recover damages depends upon whether the flight was domestic (within the United States) or international. International flights and the domestic portions of international flights are covered by two international agreements, the Warsaw Convention and the Montreal Protocol. Under these international agreements, the airlines are held strictly liable for injuries to passengers. This means that passengers on international flights and the domestic portions of international flights need not prove negligence in order to recover damages if an airline accident occurs. However, these agreements limit the amount of liability per passenger ($75,000 under the Montreal Protocol) unless the injured party can prove “willful misconduct” on behalf of the airline.