The Herald reports that the world-wide airline industry has
recommended revisions to the compensation system for injuries
and deaths resulting from international airplane accidents.
The Warsaw Convention of 1929 limits damages to $75,000 per
person unless "intentional or reckless" conduct on the airlines'
part is established. Aviation companies concede that the $75,000
limit is too low and encourages lawsuits, so the industry is
considering eliminating the universal cap and allowing countries to
set their own guidelines.
For more than 66 years the aviation industry has benefited
from a system where quick and equitable settlements have been
the exception to the rule. The airlines should be applauded for
pushing change.
There should be no limits on compensation payable by U.S.
airlines. A limit on claims would do little to deter airlines from
measures that sacrifice safety and increase profit margins.
When deciding on compensation, U.S. courts consider the lost
wages of the dead or injured victim, the loss of economic support
and services to family members, and the loss of companionship
and guidance provided by a spouse or parent killed in the crash.
But because international aviation accidents fall under Warsaw
Convention caps, victims are forced to file legal claims in order
to receive compensation that fairly reflects the incident's
enormity.