Newsletters

Liability of an Airline Passenger for Providing Medical Assistance to Another Passenger

Generally, an airline passenger is not legally liable for the consequences of providing medical assistance to another passenger. The federal Aviation Medical Assistance Act of 1998 provides that a person is not liable for providing or attempting to provide assistance in the case of an in-flight medical emergency, unless the person, while rendering such assistance, is guilty of gross negligence or willful misconduct.

Federal Volunteer Protection Act -- Punitive and Noneconomic Damages

The federal Volunteer Protection Act (VPA) limits punitive damage awards against volunteers in cases in which they are not immune from liability.

The Jones Act -- Unearned Wages

Under the Jones Act and general maritime law, a seaman who is injured in the course and scope of his employment may recover "unearned wages," i.e., the wages he would have earned if he were able to continue working until the end of the voyage. Unearned wages may include overtime, bonuses, and other employment benefits.

The Death on the High Seas Act

In 1920, the United States Congress enacted the Death on the High Seas Act (DOHSA). Originally, the purpose of DOHSA was to help the widows of seamen who died in accidents at sea. Under DOHSA, a widow could file a wrongful death action against the seaman's employer or the owner of the vessel on which the seaman was working at the time of his death. The scope of the DOHSA has been greatly expanded since its enactment.

Res Ipsa Loquitur

In a personal injury action, a plaintiff usually must prove that a defendant was negligent and that the defendant's negligence caused the plaintiff's injuries. However, in some cases, there is no direct evidence of negligence. For example, spectators are watching a basketball game in a high school gymnasium.