Archive for the ‘Aviation Liability’ Category

Aviation Accident Litigation: Third Circuit Rules on Preemption Issue

Friday, July 30th, 2010

aviation prremption 300x174 Aviation Accident Litigation: Third Circuit Rules on Preemption IssueThe recent aviation accident which killed multiple members of a Chicago-area family has drawn attention to the very real dangers of air travel.  But when accidents occur in commercial aviation, who has jurisdiction to hold those responsible accountable?  As our top-rated Chicago personal injury lawyers explain, that question is actually more complicated than you might think.

The federal government has passed a number of laws, together with related regulations, which usurp the traditional role of the states in deciding questions of tort liability.  Our Chicago accident attorneys generally disfavor the federal government’s interference in what should be simple questions of negligence, to be addressed in state courts.  In the aviation context, issues of federal “preemption” include application of the Federal Aviation Act and the related Air Carrier Access Act.

The FAA and the ACAA are given broad preemptive effect, known in legal circles as “field preemption,” or the preemption of an entire area of the law.  Even the United States Court of Appeals for the Third Circuit has previously held that the FAA preempts “the entire field of aviation safety.”

This month, the Third Circuit looked at FAA preemption and its applicability to personal injury accidents on airplanes that occur when an airplane is on the ground and stationary.  In Elassaad v. Independence Air Inc., the Third Circuit considered an accident that occurred as a passenger, Elassaad, disembarked from a commercial flight from Boston to Philadelphia.  The stairs provided for the passengers to descend had a railing on only one side.  Elasaad, who had one leg partially amputated and uses crutches to walk, fell off the unguarded side and hit the pavement with his shoulder, suffering severe injury that required surgery.

The airline argued that the FAA, the ACAA, and other related federal legislation and regulation only require an airline to provide assistance to passengers if the passenger requests it.  Elassaad, however, argued that the federal laws were inapplicable and that he should be permitted to sue under Pennsylvania’s state negligence law, which contains no such limitation.

The Third Circuit agreed.  It held that the federal laws were intended to apply only to in-air navigation and aircraft operations, and were inapplicable to conduct while the airplane is stationary and on the ground, such as loading and unloading of passengers.

The Third Circuit’s opinion does not decide the merits of Elassaad’s lawsuit against the airline.  Instead, it simply holds that the District Court should not have granted summary judgment on his state-law negligence claim as preempted by federal law.  This result makes perfect sense:  there is no evidence that when passing the FAA and the ACAA, Congress intended to remove all questions of negligence at all connected to air travel from the province of the states.  In essence, this simply means that Mr. Elassaad may now have his day in court.  The Chicago personal injury attorneys of Passen Law Group wish him the best of luck.

For a free consultation with an experienced Illinois injury lawyer at Passen Law Group, call us at (312) 527-4500.

Small Plane Crash Not Yet Explained

Wednesday, July 21st, 2010

Our Chicago accident attorneys with experience handling airplane crash cases are deeply saddened by the multiple deaths in this week’s private aviation accident.  Skokie resident Moshe Menora was killed, together with three of his seventeen grandchildren, when his small plane crashed on Interstate 75.

According to reports, the Menora family was returning from a day at Mackinac Island, but experienced problems upon takeoff.  The plane, a Beech Baron 58, had trouble getting airborne, then crashed on the interstate and split in half.

There is no word yet on the cause of this tragedy.  Despite the impression that may be left by the incredible publicity that all small plane crashes receive, however, these events are exceedingly rare, and are never without cause.  Because there was no obvious cause, and the investigation is ongoing, we have not yet learned whether this airplane crash was caused by pilot error, air traffic control error, improper maintenance, or a defect with the aircraft itself.  In any of these instances, the family may have a cause of action for wrongful death.

It is very easy when confronted with a tragedy such as a private aviation accident, particularly one where there were fatalities to vibrant young lives, to wish to look away, to move on.  It is important, however, that the cause of this accident is identified, not only so that justice is done but also to prevent future tragedies.

For a free consultation with an experienced Chicago personal injury lawyer at Passen Law Group, call us at (312) 527-4500.

Symptoms and Permanent Consequences of TBI

Wednesday, March 10th, 2010

Effects of TBI1 Symptoms and Permanent Consequences of TBIOur Chicago brain injury lawyers continue this week’s discussion of traumatic brain injury (TBI), in honor of Brain Injury Awareness Month, with a discussion of the symptoms and effects of TBI.

As discussed previously, traumatic brain injuries are caused by a blunt trauma to the head — often a result of motor vehicle accidents, falls, explosions or other method involving a substantial amount of force directly to the head.  Where a TBI is suspected to have been caused by the carelessness or recklessness of another, it is important to contact a top-rated Chicago brain injury lawyer to discuss your case and ensure your rights are protected.

The severity of a traumatic brain injury can range from “mild,” with a brief change in consciousness or mental status, to “severe,” with an extended period of unconsciousness and amnesia.  TBI can result in both short-term and long-term problems with a person’s independent functioning.

Different areas of the brain impact different physical and cognitive functions.   Therefore, the location of the traumatic brain injury to the brain will largely determine the nature and extent of physical and cognitive deficiencies as a result of the TBI.  See the chart above for the different Functions of the Brain impacted by TBI.

Symptoms can manifest in a variety of physical, cognitive and behavioral symptoms, including changes affecting thinking, language, learning, emotions, behavior and/or sensation.  Additionally, a TBI can result in far-reaching social and developmental consequences.  It is important to note that even a so-called “mild” TBI can result in long-term problems, with an estimated 15% of individuals diagnosed with mild TBI suffering severely debilitating symptoms long after injury.

Especially with children, whose brains are still developing, even mild TBI must be addressed immediately by the appropriate medical professionals — including neurologists, neuroradiologists and possibly neurosurgeons — to minimize permanent consequences of the brain damage.  Our Chicago child brain injury lawyers understand the complexities involved in TBI cases involving children, as well as the magnitude of our responsibility involved in protecting their rights through adulthood.

Physical symptoms of traumatic brain injury are both neurological and non-neurological.  Typical physical symptoms can include chronic headaches or neck pain, persistent exhaustion, mood changes, sleeplessness or changed sleep patterns, light-headedness, dizziness, loss of balance, impaired motor and autonomic function, nausea, increased sensitivity to light or sounds, blurred vision, sensory loss, and ringing in the ears.  Some long-term conditions include various movement disorders, seizures, persistent headaches, visual problems and sleep disorders.  TBIs have been directly linked to epilepsy and increased risk for Alzheimer’s disease, Parkinson’s disease, and other brain disorders that become more prevalent with age.

Typical cognitive symptoms can include memory loss or difficulty remembering, inability to concentrate, difficulty in making decisions, slowed thinking, speaking or reading, confusion, inability to focus, and impaired visual perception.  Additionally, TBI can impact problem-solving, abstract reasoning, insight, judgment, planning, and organization.  These symptoms can change in severity and presentation over time, and often go unrecognized.

Typical behavioral symptoms can include verbal and physical aggression, agitation, decreased responsive ability, shallow self-awareness, altered sexual functioning, increased impulsivity, reduced social inhibition, mood disorders, personality changes, lack of emotional control, depression and anxiety.

The social consequences associated with TBI and its accompanying symptoms can be extremely serious, and include increased risk of suicide, divorce, chronic unemployment, economic difficulty and substance abuse.  Problems often do not manifest until after the individual attempts to resume their normal life, with workplace and interpersonal demands uncovering dysfunction and behavioral issues.

As noted above, of particular concern is children who have suffered from a TBI, where the behavioral and cognitive effects of injury may not become apparent until later in a child’s development.   As a result, a child may experience problems with learning ability, difficulties in social development and peer relations, behavioral problems, and difficulty processing social cues.

For a Free Consultation with an experienced Chicago brain injury attorney at Passen Law Group, call us at (312) 527-4500.