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Compensation for Death and Injury in International Air Transport

Published online by Cambridge University Press:  04 July 2016

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Type
Air Law Group
Information
The Aeronautical Journal , Volume 75 , Issue 723 , March 1971 , pp. 159 - 165
Copyright
Copyright © Royal Aeronautical Society 1971 

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References

* The results have now been released by the State Dept and are published on pp. 161-165 (Written Contribution).

Compiled by the Office of the General Counsel, in co-operation with the Data Processing Division, Bureau of Accounts and Statistics, Civil Aeronautics Board, from responses by US certificated air carriers to a CAB Questionnaire (CAB Form T-109), circulated 14th May 1970.

(1) The requests were based on reports of accidents furnished to the National Transportation Safety Board.

(2) The amount requested was the gross amount paid; no adjustment has been made, and no information is available, as to the net recoveries by claimants.

(3) The term “settlement” as used herein refers to all recoveries whether by settlement or judgment

(4) Warsaw claims include all claims arising out of international transportation subject to the Warsaw Convention (49 Stat 3000; TS 876) whether or not the limit of liability provided therein was applied. With respect to passenger deaths or injuries the Convention provides for a liability limit of $8300. However, since May 1966, the so-called “Montreal Interim Agreement” among carriers has provided a liability limit under the Warsaw Convention, for transportation to and from the US, of $75 000, with absolute liability (CAB Agreement 18 900, approved by Board Order E-23680, 13th May 1966). Because Warsaw claims are subject to a liability limit and a different liability system, they have been compiled separately from claims not subject to the Warsaw Convention.

(5) No responses were received with respect to 13 accidents, involving 162 deaths and 29 serious injuries (including 2 accidents involving 78 and 41 deaths, respectively). In addition, responses with respect to 18 accidents, involving no deaths and 20 serious injuries, stated that data with respect to such accidents could not be obtained.

(6) The carrier responses included partial information, insufficient for compilation (except for the compilation included as paragraph 3 of the Appendix) with respect to 66 non-Warsaw death settlements; 75 Warsaw death settlements; 37 non-Warsaw serious injury settlements; and 24 Warsaw serious injury settlements. Twenty of these settlements represent a single recovery for more than one member of a family. The latter settlements have not been included in any compilation, but are separately compiled in paragraph 1 of the Appendix to this report.

(7) A breakdown of pending claims by accident year and nature of claim is set forth in paragraph 2 of the Appendix.

(8) For purposes of comparison, paragraph 3 of the Appendix contains a compilation of the data on a ten-year basis in the form published by the ICAO Air Transport Committee from responses to State letter S 18/10-68/27, 20th March 1968, in AT-WP/1007, Revised 2/7/69, “Economic Information Relating to the Warsaw/Hague Liability Limits”. (Reprinted in Volume I, Reports and Documentation, Subcommittee of the Legal Committee on Revision of the Warsaw Convention as amended by the Hague Protocol, 18th-29th November 1960 and 2nd-19th September 1969, Doc 8839-LC/ 158-1, at page 48.)

(9) The settlement year 1970 includes settlements made during the first six months of that year. The data reported for settlements made in the period 1960-1965 did not include settlements relating to accidents occurring prior to 1960. Because from 5% to 50% of settlements, depending upon the level of settlement, take six or more years to settle (see Time Elapsed Table 111(A)), settlement data relating to settlement years 1960-1965 would be incomplete, and therefore have not been included.

(10) Earlier years have not been included for the reasons set forth in note(9).

(11) Because of the large proportion of claims taking more than six years to settle, the compilation does not include settlements relating to accidents in later years.