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, exclusive body of law governing liability for damages arising from the takeoff, flight, or landing of aircraft, such law to supersede State, territorial, District of Columbia, admiralty, maritime, or other law. Details the substantive provisions of aviation liability law. Holds common carriers to the highest degree of care. Sets forth a rule of comparative fault and a right of contribution among joint tortfeasors. Permits both wrongful death actions and survival of personal injury actions. Disallows recovery for pain, suffering, or disfigurement in survival actions. Bars a personal injury or death action which is inconsistent with applicable workmen's compensation law, but permits a party who is or would be liable in a civil action under this Act to claim for contribution, indemnity or other similar remedy against a person or party by whom or on whose behalf workmen's compensation has been paid. Sets forth separate, exclusive Federal court jurisdiction guidelines for aviation accidents. Grants United States district courts, concurrently with State courts, original jurisdiction over any civil action arising out of aviation activity and 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 venue, statute of limitations, service of process, consolidation, and other guidelines for aviation actions brought in Federal court. Makes statute of limitations guidelines equally applicable in State courts. Promulgates rules for the removal of State aviation actions to Federal court.

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Documents

1 official file

• Introduced in House

  summary · EN · 15 January 1979

  Open at official source

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