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American Airlines Flight 587: Our Firm Has Been Retained By The Families Of Passengers And Ground Victims In The November 12, 2001 American Airlines Flight 587 Disaster In Belle Harbor, Queens, New York
Kreindler & Kreindler LLP has been retained by the families of passengers and ground victims in the November 12, 2001 American Airlines Flight 587 disaster in Belle Harbor, Queens, New York. Flight 587, an Airbus A300, departed John F. Kennedy Airport bound for Santo Domingo, Dominican Republic.
The firm is conducting an extensive investigation of the cause of the disaster. Our team working on the case includes former pilots, engineers and an F.A.A. inspector. In addition, each of our clients is assigned a team of attorneys to handle the unique damages issues of their individual case.
Our Prior Experience
Kreindler & Kreindler LLP has significant experience in handling claims against American Airlines and Airbus, the plane's manufacturer.
Of particular relevance, Kreindler & Kreindler LLP successfully prosecuted a series of other cases involving severe air turbulence aboard Airbus A300 aircraft operated by American Airlines. In these cases, we determined that the Airbus A300 had a design flaw that caused the plane's tail to be unstable in flight. Whether this flaw is implicated in the Flight 587 disaster remains to be seen.
The firm also successfully handled numerous cases against American Airlines involving the 1995 crash near Cali, Columbia. The Cali cases raised complicated questions involving the Warsaw treaty, civil code damages, and the rights of undocumented or illegal aliens to sue in United States courts.
Claims Against American Airlines
A treaty called the Warsaw Convention governs the liability of American Airlines towards the families of passengers aboard the plane. The Convention applies to most international flights. Under the Convention's rules, citizens of foreign countries, such as the Dominican Republic, can bring suit in the United States.
Under the terms of the Convention and an associated Agreement, American Airlines is absolutely liable to pay damages to the families of each passenger up to a limitation of 100,000 Special Drawing Rights, currently valued at about US $127,000. In other cases, our firm has been successful in obtaining that amount from airlines as an advance payment to our clients. Because of the airline's absolute liability, our firm will not charge any fee up to the amount of the limitation. Damages may be recovered above the limitation in a suit against the airline. There are many difficult legal questions under the Convention, including the standard for proving liability and the applicable damages law.
Claims Against Airbus
There is a potential defective product claim against Airbus Industrie, the European manufacturer of the A300 plane. The Warsaw Convention does not apply to claims brought by the passengers or ground victims against the manufacturer. There are numerous legal questions regarding a potential suit against the manufacturer, including the potential application of the Foreign Sovereign Immunities Act to require a non-jury trial before a judge.
Claims By Ground Victims
The claims of victims on the ground are governed by state law, not the Warsaw Convention. For instance, in the 1990 crash of an Avianca jet on Long Island, our firm recovered compensation for victims on the ground against the airline under New York law.
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