A bill to amend title 28 of the United States Code to establish a Federal cause of action for and Federal court procedures with respect to aviation activity, and for other purposes.

Summary

Establishes a uniform body of Federal law governing liability for damages arising from the takeoff, flight, or landing of aircraft, exclusive of State, admiralty, maritime, or other law. Details the substantive provisions of aviation liability law. Holds a common carrier to the highest degree of care for the safety of its passengers. Sets forth a rule of comparative fault and a right of contribution among joint tortfeasors. Establishes rights of action for damages for injury, loss of property, personal injury, or death. Authorizes a decedent's survivors to bring a wrongful death action and an action for personal injury to the decedent. Stipulates that recovery in any such personal injury action shall not include damages for pain, suffering, or disfigurement. Bars a personal injury or death action which is inconsistent with applicable workers' compensation law, but permits a party to claim for contribution, indemnity, or other similar remedy against a person or party by whom or on whose behalf workers' compensation has been paid. Requires, if a decedent's survivors bring an action in Federal district court, that the claims of all beneficiaries of the decedent be brought in one action. Grants Federal district courts original jurisdiction, concurrently with State courts, over any civil action arising out of aviation activity involving: (1) large aircraft, high-performance aircraft, public aircraft, or common carrier aircraft; (2) the death of five or more persons; (3) a claim the liability for which is indemnified in whole or in part by the United States; or (4) a negligent or wrongful act of a Federal employee committed within the scope of duty and under circumstances where there would be liability if the act had been by a private employer. Specifies rules regarding separate trials, multiparty procedures, service of process, and venue. Makes statute of limitation guidelines applicable to State actions. Permits State aviation actions to be removed to Federal court. Sets forth rules regarding such removal.

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1 official file

• Introduced in House

  summary · EN · 22 January 1981

  Open at official source

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