THE WARSAW CONVENTION LIABILITY SCHEME: WHAT IT COVERS, ATTEMPTS TO WAIVE IT AND WHY THE WAIVERS SHOULD NOT BE ENFORCED UNTIL THE AIRLINES ARE FINANCIALLY STABLE

摘要

Sometimes lost in the debate regarding the financial stability of the airline industry is the fact that passengers have valid reasons for avoiding airlines. The unprecedented attacks in the United States demonstrated that Americans are vulnerable to attack even within their own country, which is something that Americans never had to fear before September 11th. The procedures required to make flying safe for the public also make flying an inconvenience and decrease passengers' willingness to take the risks associated with flying. For instance, a two-hour flight can take four hours or more once the new security measures and longer lines are implemented. A traveler, especially a business traveler whose time is extremely valuable, might decide it is more economical to take a train or drive in order to avoid the increased security. The combination of September 11th, a second Gulf War, a struggling economy, and less incentive for passengers to choose to fly, might prove to be the death of the airline industry. There is no simple answer to solving the airline dilemma, but taking every step to protect the airlines, which are vital to the American economy, is a necessity during these turbulent times. One step that the federal government can take is to nullify the liability waivers airlines entered into during the boom years of the mid to late 1990s by requiring airlines to reiterate the previous $75,000 liability limit in their tariffs prior to receiving federal aid.