Aviation law consists of a complicated group of laws, treaties and court decisions. Accident claims can have very different results depending upon the individuals involved, the type of flight, the location of the accident site and other factors.

The individuals involved

Military aircraft have special rules which apply. In cases involving military personnel, these may limit the amount of compensation recoverable.

The type of flight

Aircraft used in "ultra-hazardous" activities (which may include activities such as transporting explosive devices, test flights, etc) may still be subject to a strict liability rule for all accidents which occur. This means that recovery is possible for damages and loss caused by an aviation accident, without regard to fault.

However, the general rule is that aviation is no longer considered an "ultra-hazardous activity" in and of itself. Hence, it is generally required that there be some proof of negligence, product defect or other responsibility on the part of the designer, manufacturer, owner or operator of the aircraft must be made before any recovery can occur.

There are many laws and treaties affecting the right of recovery for accidents depending upon the type of flight involved (domestic v. international, commercial v. private, etc.) In some cases it is even necessary to demonstrate a greater degree of wrongful conduct in order to recover for the damages and loss suffered in an aviation accident (international flights vs. domestic flights, for example).

The location of the accident

The Death on the High Seas Act may limit the amount of compensation recoverable for an aviation death over international waters. Although certain categories of loss are almost fully compensable (such as medical coverage), others are almost completely ignored.

Various Aviation Accidents involving Hawaii

• Hawaiian Steam Engineering's web pages dedicated to Aloha Airlines Flight 243, involving a Boeing 737-200 near Maui, Hawaii, USA on April 28, 1988 (see picture)

• Honolulu Star Bulletin article on the crash of a twin-engine Piper Seneca carrying five Maui County community and Democratic Party leaders into the east Molokai mountain on November 1, 1996

• National Transportation Safety Board (NTSB) Public Hearings on Korean Air Flight 801, involving a Boeing 747-300 near Agana, Guam, USA on August 6, 1997 (hearings held on March 24-26, 1998)

• National Transportation Safety Board (NTSB) Public Hearings on a ferry flight involving a Dehavilland DHC-6-300 near Hilo, Hawaii, USA on April 12, 1997

Conclusion

In short, if you or someone you love was killed or severely injured in an aviation accident, there are many variables affecting the ability to recover for the injuries and loss incurred. You will want to consult immediately with an attorney who is fully apprised of the current status of aviation law in order to protect your rights.

• Our office charges on a CONTINGENCY FEE basis in accident cases which we accept. There is NO CHARGE for an initial consultation to evaluate your case. E-mail us or call us at (808) 524-5300 or (808) 528-2525 if you have any more questions.

• If you believe that you may have a claim of this type, please take a few moments to visit with a paralegal to outline the nature of your claim. Thank you!

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