Where can I file a lawsuit after an airplane crash?

At Max Law, we often help folks who are seriously injured or killed on private or commercial airplane flights.  

One of the first questions that always comes up is what is the proper place to bring that lawsuit?

For domestic flights, plaintiffs have several options to file where:

·         The airline is headquartered or has its principal place of business,

·         The crash or injury occurred,

·         The flight originated or was destined, or

·         Key operational or maintenance decisions were made.

For international flights, the Montreal Convention governs and provides for venue in a variety of different locations beyond the scope of this post.

Motions to Transfer and Forum Non Conveniens

The venue affects everything from jury composition, discovery procedures and access, and recoverable damages. Defendant airlines often move to transfer venue. Sometimes this is simply for case management. For example, if a crash involves multiple deaths or injuries and most of the cases are pending in one venue, a defendant airline may try to have all the cases transferred to that location. In other cases, a defendant airline may move to transfer to secure a more favorable jury pool.

In other instances, defendant airlines sometimes will move to dismiss based on forum non conveniens. This determination often comes down to the availability of an alternative venue and the location of the evidence.

Removal to Federal Court

It is often easiest to file suit where an airline is headquartered or has its principal place of business, even if a crash or incident occurred in another state. There are fewer arguments from a defendant airline about inconvenience to it or personal jurisdiction. And in such a venue, a plaintiff can avoid removal of the case from state to federal court under the home state defendant rule. However, defendant airlines often challenge their home state venue based on the availability of witnesses or evidence.

Venue (and jurisdiction) in airplane or airline cases often feel like a law school final exam. So if you have an airplane case you would like to discuss, please reach out.