Archive for the ‘Aviation Liability’ Category

New Airplane Passenger Protection Regulations

Tuesday, September 27th, 2011

airplane passenger regulations 300x225 New Airplane Passenger Protection RegulationsThe aviation crash attorneys of Passen Law Group are pleased to report that new DOT passenger protection regulations have now taken effect. These important rules, which were announced in April, provide additional rights to airline passengers in the United States.  Although the regulations do not impact airline safety — an area which clearly needs to be more fully addressed — they aim to make airline travel a little less burdensome for travelers.

The new regulations provide for the following:

  • A hard deadline of four hours of tarmac waiting for international flights departing from U.S. airports.
  • Extends the three-hour hard deadline for domestic flights to small-hub and non-hub airports, which were previously exempt from the waiting limits.
  • Requires airlines to refund any fee paid for a bag which does not reach its destination. Existing regulations also require airlines to compensate travelers for reasonable expenses associated with lost baggage, damaged baggage, or baggage which arrives on a later flight than its owner.
  • Increases the compensation  paid to passengers “bumped” from oversold flights — from up to $400 (an amount equal to the price of the ticket) to $1,300 for longer delays (an amount equal to four times the price of the ticket).
  • Mandates greater transparency in various airline fees, including baggage fees, meal fees, fees for canceling or changing reservations, or fees for reserving seats in advance or upgrading existing seats.

The regulations extend not only to domestic flights, but also to international flights operating out of U.S. airports. Most notably, this means that these flights, like domestic flights, are now subject to tarmac delay rules, and to fines and penalties if passengers are left sitting on the tarmac beyond the established allowable times.

The airplane law attorneys of Passen Law Group encourage all airline travelers to familiarize themselves with the new rules and regulations. If your airline violates any of these rules, speak up. If the problem is not corrected, you may wish to speak with an attorney to enforce your rights, and the rights of others.

To speak with one of Passen Law Group’s top-rated Chicago injury lawyers, call us at (312) 527-4500 or fill out a free case evaluation form on our website.

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Unexplained Plane Crash Puts the Focus on Aviation Safety

Thursday, July 28th, 2011

This week, Chicagoland was rocked by yet another light aviation accident, this time claiming the lives of three people.  A single-engine Piper PA 46 plane was taking off from the Rantoul Airport when it crashed. The pilot and both passengers were killed, although it is not yet clear whether it was the crash or the subsequent fire which claimed their lives.

The FAA has begun an investigation, as has the National Transportation Safety Board. The FAA regulates airplane manufacturing and maintenance, as well as in-flight operations, and will investigate the accident from this perspective. The National Transportation Safety Board (NTSB) is responsible for  investigating aviation accidents and recommending changes, and will be looking into the accident with this view in mind. The Champaign County Coroner’s office is likewise conducting its own investigation.

Until those investigations are complete, we will not know the true cause of last week’s crash. Many have been quick to blame the severe weather moving through the area at the time of the crash, and that may indeed prove to be the explanation. But our Chicago airplane crash attorneys are not so quick to dismiss the many possible causes of a light aviation crash.

Many aviation accidents are caused by pilot error. But they are just as frequently caused by defects in the plane itself, or negligent maintenance. Although, due to the fact that the plane was destroyed by flames after the accident, it will be difficult to reconstruct what occurred in this case, detailed and difficult forensics are often a part of aviation accident cases.

It remains to be seen whether the weather, or some other cause, was to blame in this latest accident. If defective equipment or improper maintenance were factors in the crash, then the families of the victims may have a legal claim for some of the damages suffered. A top airplane accident attorney can help the victims of this, and any, crash to sort out their options.

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

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New FAA Recommendations for Children’s Air Travel

Thursday, June 16th, 2011

child airplane safety 300x265 New FAA Recommendations for Childrens Air TravelThe Federal Aviation Administration (FAA) has recently announced updated recommendations for airplane travel for infants and small children. The new guidelines change the agency’s guidance for how to ensure the safety of these littlest travelers. Also joining is support of the new recommendations is the Association of Flight Attendants (AFA). Our Chicago airplane crash attorneys believe the new guidelines are an important step in protecting children from serious injury.

Late last month the FAA, via administrator Randy Babbitt, held a press conference to announce the new recommendations. These recommendations are targeted not only to parents and other caregivers, but to the airline industry itself. The recommendations deal exclusively with children weighing forty or fewer pounds, leaving children above that size are withing the adult safety guidelines.

The FAA states that its new guidelines are based upon the belief that securing infants and children under forty pounds in an approved safety seat, properly attached to the child’s own airplane seat, will greatly increase the safety of these passengers.

Under current FAA policy, children under the age of two do not require a safety seat, or even a seat. These smallest passengers can fly for free as a “lap child,” a child whose assigned seat is simply the lap of an adult. Thus, while the adult uses a seat belt and is safely restrained, these littlest Americans are not.

The FAA’s changed recommendations come in response to changing standards from other institutions. In March of 2011, the National Highway Traffic and Safety Administration (NHTSA) and the American Academy of Pediatricians (AAP) worked together to change their own guidelines for automobile safety for children to minimize children seriously injured in car accidents. The changed guidelines altered many of the previous recommendations, setting new standards for age, weight, and safety-seat direction.

The FAA has chosen to make its new recommendations optional, not mandatory. This means that airlines will have the choice whether to adhere to the current policy, or move to the new one. With travelers already balking at the current price of airline travel, it is unlikely that many airlines will choose to alienate family travelers by requiring the purchase of additional seats for children — even though it is safer for the child.

The FAA’s decision not to enforce the new recommendations springs directly from this cost issue. The FAA maintains (and our Chicago car accident attorneys agree) that airplane travel is a safer option than motor vehicle travel, both for children and adults, than highway travel in the family automobile. The FAA also maintains that flying, even as a lap child with no approved safety seat or harness, is considerably safer than auto travel.

For a free consultation with an experienced Chicago airplane accident attorney at Passen Law Group, call us at (312) 527-4500.

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