PLAIN TALK ABOUT PLANE CLAIMS: AN AIR CARRIER CLAIMS EXAMINER'S HANDBOOK

摘要

Traditional negligence principles can handily determine many, if not most, airline injury claims, with little or no loss in efficiency. However, the application of specialized aviation and airline precepts, as discussed here, to the investigation and analysis can leaven results to make available savings previously forgone. The power of an expert-informed explanation of denial-whether couched in terms of simple physics, physiology, or aircraft design and operating limitations-to garner claimant assent cannot be overestimated. Where assent is not forthcoming, ensuing lawsuits have been shown to be subject, with few exceptions, to a stolid and robust preemption defense (which legally replicates the conclusive effect of a denial). Cases failing preemption will, on the other hand, rise or fall on the merits, which, except in close cases, should vindicate a properly founded denial. In contrast, where the risk of jury confusion or misplaced sympathy is real, a settlement mind-set will acquit itself as the better part of valor.