Maritime Law Could Govern Cases Stemming from Flight 1549 Crash

Many legal experts believe that cases stemming from the crash of US Airways Flight 1549 in the Hudson River could fall under federal maritime law and may pose many challenging legal questions. 

Maritime law may apply to the cases due to the fact that the Airbus A320 crash landed in the Hudson River.  Once it landed in the water, it became a vessel (a lifesaving vessel in this situation) as it floated in the river.  That fact alone may qualify cases resulting from the crash under maritime jurisdiction, which usually provides higher damage awards to victims.

Judges and juries tend to award high damages in maritime law cases because the victims are completely at the mercy of that common carrier to get to the destination safely.

In November 2001, a maritime claim arose from the crash of American Airlines Flight 587 in Belle Harbor, which killed 265 people.  A federal judge said that the case met two key criteria for maritime jurisdiction – the airplane was involved in a traditional maritime activity by carrying passengers over the ocean and the stabilizer fell into Jamaica Bay, potentially affecting maritime commerce.

Before the crash landing of Flight 1549, the pilot reported to flight controllers that the airplane had hit birds and that he had lost thrust in both of the jet’s engines, said National Transportation Safety Board officials.

Officials at the Port Authority of New York and New Jersey, which operates LaGuardia, Kennedy and Newark airports, said that they take precautions to reduce the risk of birds striking and disabling aircraft.  However, some experts believe that no steps could have stopped the bird strike at 3,200 feet, which was well away from the airport.

Although no one died in the crash, many passengers suffered injuries, both physical and mental.

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