ADMIRALTY LAW AND JURISDICTION IN AIR CRASH CASES

摘要

Maritime jurisdiction is properly invoked in aviation cases that involve (1) helicopter transport in oil rig operations, (2) cases involving a sea-plane that crashes in navigable waters, and (3) transoceanic or island voyages. Maritime jurisdiction does not apply to aviation torts where the crash into navigable waters is purely fortuitous. Nonetheless, even if maritime jurisdiction is properly invoked, the federal courts must apply a federal choice of law analysis to the issue of compensatory damages. In cases involving the death of a non-seaman, the law of the decedent's domicile state should apply to the measure of damages for wrongful death and survival actions.