Maritime Accident News

Maritime Law Could Apply to US Airways Flight 1549

Many believe that there will be numerous legal questions that will arise if lawsuits are filed in connection with the crash of US Airways Flight 1549.  One of the most unique questions is whether cases will be brought under federal maritime law.

Maritime law could apply for cases stemming from the US Airways crash because the airplane landed in the Hudson River.  The belief is that once the airplane stops flying and begins to float, it becomes a vessel and in this situation, a lifesaving vessel.  This thought process could put the cases under maritime jurisdiction, which often provides more generous settlements to the victims.

In November 2001, a plane crash on land resulted in a maritime claim. The crash occurred in Belle Harbor and involved American Airlines Flight 587, which claimed the lives of 265 people.  According to the federal judge, the case satisfied two key tests for maritime jurisdiction – the airplane was taking part in a traditional maritime activity by carrying passengers over the ocean and the stabilizer fell into Jamaica Bay, which could have affected maritime commerce.

The pilot of Flight 1549 reported to flight controllers that the airplane had struck birds and that he had lost thrust in both of the jet’s engines, according to National Transportation Safety Board officials.

Port Authority of New York and New Jersey officials, who operate LaGuardia, Kennedy and Newark airports, said that they take measures to cut the risk of birds hitting and disabling aircraft.  Some experts have said that nothing could have been done to prevent a bird strike at 3,200 feet, which is well away from the airport.

Even though all 150 passengers and five crewmembers survived the crash in the Hudson River, numerous passengers suffered injuries, both physical and psychological.  Some were believed to have experienced “pre-impact terror” in the moments leading up to the crash landing.

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