Aircraft injury cases are complex, and few US laws offer protection specifically for airline injuries. If you have been injured in an aircraft accident, you may be entitled to compensation under the Jones Act or other laws. Even US Courts disagree on whether the Jones Act can be applied to aircraft injuries, or what law should apply.
At The King Firm, we represent clients in many complex personal injury cases such as aircraft injuries over or in the Gulf of Mexico. Contact us today for a free review of your case, or keep reading to learn more about the Jones Act and other laws that apply to aircraft injuries.
The Jones Act is found in Title 46 of the US Code. This act was passed primarily to ensure that vessels used in US shipping were made and operated by US companies, but it also extends some protections to both passengers and seaman.
Under the Jones Act, the owner and master of a vessel are liable for personal injury to passengers and damages to their baggage when the injury or damages was caused by willful neglect or misconduct, or failing to obey applicable laws. Seaman are entitled to file personal injury claims against their employers under this act as well.
For a workers’ compensation claim under the Jones Act, one must meet the definition of seaman.
To be a seaman, you must:
For either a worker or passenger to qualify for the Jones Act, one must be on a vessel that qualifies.
A Jones Act vessel is one that:
While planes and helicopters are not intended for maritime operation, they can find themselves in water in an accident or emergency, or while on a floating aircraft dock or oil rig. Whether or not your aircraft injury qualifies under the Jones Act is a complex matter.
There are only a few cases in which the Jones Act might apply to maritime aircraft injuries. As a passenger, your personal injury may qualify as a Jones Act case if the injury happened while the aircraft was over the Gulf of Mexico or other waters. Though the aircraft was not intended for use on the water, once it enters the water maritime laws may apply.
As a worker, your case may qualify for the Jones Act if the aircraft is involved in commerce and is typically over waters and you spend at least 30% of your work time on the aircraft. You may also qualify if the aircraft injury happened while the craft was on a qualifying vessel, such as an oil rig or aircraft carrier.
One example of a case in which the Jones Act was applied to aircraft injuries was the case of Scott v. Eastern Airlines. In this case, a plane crashed into Boston Harbor, killing a man who sued the airline. The flight took off from Boston and was destined to arrive in Pennsylvania. The US District Court had to determine if the law in Pennsylvania or Massachusetts applied.
Ultimately, the Jones Act was used to determine where and how the case would be tried. By the Jones Act, passengers injured over territorial waters are held in the state in which the injury occurred. In this case, Boston Harbor is the territorial water of Massachusetts, so Massachusetts laws and courts applied.
Even US Courts disagree on the application of the Jones Act to maritime aircraft injuries. In the case of Zicherman v. Korean Air Lines in 1995, the Jones Act was found not to apply to a similar international case. In this case, the victim was killed when the aircraft landed in the water which was caused by the negligence of the airline and their staff.
The biggest difference in this case from the one above is that the defendant owned and operated their airline in another country, and the crash happened over international waters. In this case, the Supreme Court had to determine in which court and by which law the case would be decided. Ultimately they determined that the Jones Act did not apply, but the Montreal Convention did instead.
While there are no US laws specifically addressing aircraft injuries and resulting personal injury claims, there are two other laws that may apply depending on circumstances. Passengers and employees are protected with the right to compensation when an aircraft is grossly negligent according to the Montreal Convention, an international treaty. The Montreal Convention applies to any international carrier.
Another law that may apply to workers injured on aircraft over or in the Gulf of Mexico is the Railroad Labor Act. Section 181 of this law states that the protections given to railroad workers are extended to airline workers.
It is clear to see that aircraft injuries occurring over or in international or territorial waters are complex personal injury cases that require the right blend of knowledge and experience. It is important to work with an attorney who can pour through case studies to determine which laws should be applied to your case and how.
At The King Firm, we have years of experience representing clients who have sustained injuries over or on the Gulf of Mexico. Contact us today at (877) 909-5464 for more information or to get a free review of your case.
Aircraft injury cases are complex, and few US laws offer protection specifically for airline injuries. If you have been injured in an aircraft accident, you may be entitled to compensation under the Jones Act or other laws. Even US Courts disagree on whether the Jones Act can be applied to aircraft injuries, or what law should apply.
At The King Firm, we represent clients in many complex personal injury cases such as aircraft injuries over or in the Gulf of Mexico. Contact us today for a free review of your case, or keep reading to learn more about the Jones Act and other laws that apply to aircraft injuries.
The Jones Act is found in Title 46 of the US Code. This act was passed primarily to ensure that vessels used in US shipping were made and operated by US companies, but it also extends some protections to both passengers and seaman.
Under the Jones Act, the owner and master of a vessel are liable for personal injury to passengers and damages to their baggage when the injury or damages was caused by willful neglect or misconduct, or failing to obey applicable laws. Seaman are entitled to file personal injury claims against their employers under this act as well.
For a workers’ compensation claim under the Jones Act, one must meet the definition of seaman.
To be a seaman, you must:
For either a worker or passenger to qualify for the Jones Act, one must be on a vessel that qualifies.
A Jones Act vessel is one that:
While planes and helicopters are not intended for maritime operation, they can find themselves in water in an accident or emergency, or while on a floating aircraft dock or oil rig. Whether or not your aircraft injury qualifies under the Jones Act is a complex matter.
There are only a few cases in which the Jones Act might apply to maritime aircraft injuries. As a passenger, your personal injury may qualify as a Jones Act case if the injury happened while the aircraft was over the Gulf of Mexico or other waters. Though the aircraft was not intended for use on the water, once it enters the water maritime laws may apply.
As a worker, your case may qualify for the Jones Act if the aircraft is involved in commerce and is typically over waters and you spend at least 30% of your work time on the aircraft. You may also qualify if the aircraft injury happened while the craft was on a qualifying vessel, such as an oil rig or aircraft carrier.
One example of a case in which the Jones Act was applied to aircraft injuries was the case of Scott v. Eastern Airlines. In this case, a plane crashed into Boston Harbor, killing a man who sued the airline. The flight took off from Boston and was destined to arrive in Pennsylvania. The US District Court had to determine if the law in Pennsylvania or Massachusetts applied.
Ultimately, the Jones Act was used to determine where and how the case would be tried. By the Jones Act, passengers injured over territorial waters are held in the state in which the injury occurred. In this case, Boston Harbor is the territorial water of Massachusetts, so Massachusetts laws and courts applied.
Even US Courts disagree on the application of the Jones Act to maritime aircraft injuries. In the case of Zicherman v. Korean Air Lines in 1995, the Jones Act was found not to apply to a similar international case. In this case, the victim was killed when the aircraft landed in the water which was caused by the negligence of the airline and their staff.
The biggest difference in this case from the one above is that the defendant owned and operated their airline in another country, and the crash happened over international waters. In this case, the Supreme Court had to determine in which court and by which law the case would be decided. Ultimately they determined that the Jones Act did not apply, but the Montreal Convention did instead.
While there are no US laws specifically addressing aircraft injuries and resulting personal injury claims, there are two other laws that may apply depending on circumstances. Passengers and employees are protected with the right to compensation when an aircraft is grossly negligent according to the Montreal Convention, an international treaty. The Montreal Convention applies to any international carrier.
Another law that may apply to workers injured on aircraft over or in the Gulf of Mexico is the Railroad Labor Act. Section 181 of this law states that the protections given to railroad workers are extended to airline workers.
It is clear to see that aircraft injuries occurring over or in international or territorial waters are complex personal injury cases that require the right blend of knowledge and experience. It is important to work with an attorney who can pour through case studies to determine which laws should be applied to your case and how.
At The King Firm, we have years of experience representing clients who have sustained injuries over or on the Gulf of Mexico. Contact us today at (877) 909-5464 for more information or to get a free review of your case.
Seeking justice and rightful compensation after an accident? The King Firm, your trusted advocates for personal injury claims, stand ready to champion your cause. With years of experience, we've aided countless victims, including wrongful death cases, across the nation. Our unwavering dedication to understanding your unique situation ensures tailored strategies for the best outcome. Let us be your unwavering support, guiding you towards the justice and compensation you deserve.
