Gregory L. Riggs, J.D. AABI Industry/Educator Forum February 21, 2013.
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Transcript of Gregory L. Riggs, J.D. AABI Industry/Educator Forum February 21, 2013.
The International Law Framework for Global Aviation
Gregory L. Riggs, J.D.AABI Industry/Educator Forum
February 21, 2013
Framing the DiscussionDefining the scopeThe role of “International Law” in aviationResponsibility and accountability in the
international arenaThe impact of legal forces on professionalism
and safetyLessons for educators?
What do we mean by “International Law” anyway?
Is “International Law” really law?
The role of customs and norms – e.g. sovereignty
The role of treaties and conventions
The Role of International Agreements
US France
Brazil Canada
Int’l Treaties
The Story of Liability
Who is responsible when bad things happen?How does the law affect our behavior?What’s the worst that can happen?What do lawyers like better: domestic US accidents
or international accidents?What difference does it make to AABI?
Degrees of Culpability
Simple Negligence
Gross Negligence
Willful Misconduct
The Law of Negligence in the US
To establish a prima facie case, an injured plaintiff must prove:
1. Duty of care -- Obligation to take REASONABLE CARE
2. Breach of the duty -- Failure to take reasonable care
3. Causation -- The breach causes the injury
Schwamb: The Airline Standard of Care in the United States
“With proof of injury to a fare-paying passenger on common carrier and failure to reach his destination safely, the plaintiff establishes a prima facie case of negligence . . .”
At this point, the burden shifts to the defendant to overcome the prima facie case.”
Standard of Care – Cont.
At this point the carrier must show:
1) that the incident did not occur,
or
2) that it was WITHOUT THE SLIGHTEST DEGREE OF NEGLIGENCE
Why the High Standard?
“A public carrier of passengers is required to exercise
the highest degree of vigilance, care and precaution
for the safety of those it undertakes to transport.”
The Elephant in the Room
Punitive Damages
12
Exxon Valdez Oil Spill
The Jury’s Decision
Exxon Valdez Jury Verdict:
Gross negligence on the part of Exxon management
Punitive Damages Award
$5 Billion
Lessons and Dangers in US Law
When things go wrong, liability is virtually a sure thingLevel of accountability is extremely highManagement is responsibleLegal liability can be astronomical (but punitive damages
are really hard to get in aviation)
The International Liability Regime
Warsaw Convention of 1929 was designed to protect the young aviation industry and provide certainty and uniformity.
Key Warsaw Provisions
Warsaw Convention is exclusive remedyCarrier is presumptively liableCarrier not liable if it proves it took “all necessary
measures”No “emotional distress” without physical injuryLimit on amount of money recoverable ($75K) unless
gross negligence
Another Elephant
Criminal Prosecutions –Safer Skies?
Criminal Charges in Other Countries
France - Concorde accident in ParisConcorde ran over titanium strip – tires explodedCriminal charges filed against manufacturer execs,
Continental mechanics, and aviation officialBrazil mid-air
US pilots charged with involuntary manslaughter Passports seized
Criminal prosecutions in UK, Switzerland, Greece, et alBlue Panorama
Criminal Prosecutions in the US
AMR Hazmat
Argenbright
Valujet
Safety Implications of Criminal Sanctions
Safety investigations are about:Developing the factual recordWhat errors were made, by whom, why, how?How do we prevent future errors?
The keys to success are: Cooperation Openness and honesty Objectivity
Who would you put in jail?
Terrorism?Sabotage?Extreme recklessness (e.g., drunken pilots)?Falsifying maintenance records?Fraud?
Are international legal trends good or bad?
Reasonable damages – GoodTrend away from blame - GoodUniformity – GoodClear standards of aviation operations – GoodPunitive damages difficult to obtain – GoodCriminal prosecutions - Bad
Thoughts for Educators
What should we teach our students about the risks of legal liability?
What lessons should we distill for students about how to meet or exceed society’s expectations?
How do we infuse high professionalism and aviation character?
How do we teach future aviation leaders about management responsibility?