INSIGHTS On Massachusetts Personal Injury Law

Welcome to the SUGARMAN blog. We'll be sharing our perspectives on the state of the law and current legal issues in Massachusetts personal injury law. Issues relating to medical malpractice, construction site injuries, premises liability, product liability, motor vehicle accidents, insurance, and more will all be reviewed here by our team of lawyers who have prosecuted some of the most complex cases in Massachusetts personal injury law.

Articles Posted in Airline Liability

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By their very nature, airplane and aviation industry accidents give rise to some of the most shocking, painful and devastating tragedies imaginable. Aviation accidents are thankfully rare, but they do occur with large, commercial airlines as well as private and charter airplanes. And, of course, aviation accidents are not just limited to plane crashes and other disasters: Injuries to passengers inside planes, and events on and around the tarmac, can also give rise to serious injuries or death.

Aviation lawsuits involve complicated legal and factual issues, from establishing the cause of such accidents, to proving negligence and causation, to legal issues of what law to apply and which courts have jurisdiction.

Proving which person or company is responsible for a plane crash or other aviation accident – whether from pilot error, mechanical failure, improper maintenance, runway defect, negligently operated aviation equipment, air traffic controller error, or other cause – requires a highly specialized set of skills and expert legal representation. The attorneys at SUGARMAN are experienced in the complexities of aircraft litigation, and are among few in Massachusetts to have litigated and tried aviation cases to conclusion.

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While fatal airplane crashes are statistically quite rare these days, many types of accidents and injuries still occur during airline travel. If an airline passenger is injured or killed on an international flight, that person’s right to compensation will likely fall under an international treaty known as the Montreal Convention.

The Unification of Certain Rules for International Carriage by Air” (The Montreal Convention) governs airline liability for injuries or death to passengers during most international flights. The 1999 Montreal Convention superseded a similar treaty known as the Warsaw Convention, which governed personal injury claims in international air travel dating back to the 1920’s. The United States ratified The Montreal Convention in 2003. While the scheme under The Montreal Convention is generally beneficial to personal injury and wrongful death claimants, it is important to understand a passenger’s rights and limitations under the treaty.
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