Ordaz Law, APC, is the law office of aviation accident lawyer Juan J. Ordaz Jr. Known throughout the legal community for his dedication and perseverance, Juan J. Ordaz Jr. prides himself on the devotion he dedicates towards the representation of his clients’ injury cases. He is a personal injury lawyer focused on excellence and client satisfaction.
Continue to read and learn about aviation accident injury claims and lawsuits arising on-board an international flight.
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Aviation Accident | Montreal Convention
Any injury claim and subsequent lawsuit in which the injury producing incident occurred on an international flight must be filed pursuant to the Convention for the Unification of Certain Rules for International Carriage by Air otherwise known as the Montreal Convention. The Montreal Convention applies to all injuries, including death, that occurred during international flight travel.
Aviation Accident | International Flight
For the purpose of the Montreal Convention, an international flight is any flight in which the place of departure, and the final destination are in different countries. This is true even if there are/were connecting flights within one country prior to the arrival at the final destination which is/was in an other country.
Example Scenario 1: Maria books a direct flight from San Diego, California, to Cabo San Lucas, Mexico. This is an international flight pursuant to the Montreal Convention.
Example Scenario 2: Maria books a flight from San Diego, California, to Cabo San Lucas, Mexico, with a connecting flight in Houston, Texas. This three flight sequence is considered an international flight pursuant to the Montreal Convention.
Aviation Accident | Strict Liability
An airline is strictly liable for injury damages wherein the monetary compensation sought by the victim does not exceed 113,100 Special Drawing Rights (SDR) which roughly equates to $159,708.99 US dollars (6/2016; currrency calculator).
- An airline’s liability for damages suffered by the passenger, or in the case of death, by the heirs of the deceased, is conditioned on the requirement that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking.
Aviation Accident | Comparative Fault
In instances were death and or injury damages claimed by the victim exceed 113,100 SDR, an airline may introduce evidence that attempts to prove that the injury or death was caused or contributed to by the negligence or other wrongful act or omission of the person claiming the damages or a third party.
International Flight | Federal Court
Federal court has jurisdiction of an injury lawsuit against an airline for an injury occurring on an international flight because the action arises out of a treaty of the United States.
International Flight | Jurisdiction
An action for damages against an airline for an injury occurring on a international flight may be brought, at the option of the injured victim, in any of the following places:
- In the State where the injury victim lives and from where the airline operates;
- In the State in which the airline’s primary headquarters is in;
- In the State where the airline tickets where purchased; or
- In the State where the final destination of the flight was located in.
Example Scenario 3: During an international flight from Cabo San Lucas, Mexico, to San Diego, California, with a connecting flight in Houston, Texas, Maria was knocked unconscious by a heavy carry-on bag that hit her over the head while disembarking in Houston. Maria lives in San Diego and purchased her tickets from home over the internet. The airline is headquartered in Chicago, Illinois. Maria may file her lawsuit in San Diego, California.
Example Scenario 4: During an international flight from Cabo San Lucas, Mexico, to San Diego, California, with a connecting flight in Houston, Texas, Maria was knocked unconscious by a heavy carry-on bag that hit her over the head while disembarking in Houston. Maria is a Mexican citizen who was going to visit San Diego for the first time. She purchased her tickets in Mexico, over the internet. The airline is headquartered in Chicago, Illinois. Maria may file her lawsuit in San Diego, California.
Ordaz Law, APC | aviation accident lawyer
Juan J. Ordaz Jr. provides candid, hardworking and personal legal representation to individuals seeking an aviation accident lawyer in San Diego County. We help victims suffering from a variety of injuries who have sustained their injuries on both domestic and international flights. We believe that it is a necessity to represent people who have sustained traumatic and debilitating injuries, and suffered ultimate losses.
Call (619) 550-3617 today so that we may schedule your free and discreet consultation with a premier San Diego aviation accident lawyer.
We are for Justice no Matter Who it’s for or Against.
Blog: Personal Injury
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