Aviation jurisdiction

[ctjbdean]

What is the name of your state?
Delaware/Great Brittain

Our client was invovled in an aircraft accident in France in 2002. The parties are resident in the UK. However, the aircraft is registered in Delaware so it may be that Delaware aviation rules will apply. We seek clarification on this point and on whether a limitation applies to damages in Delaware for private non-commercial aircraft accidents

 

[BelizeBreeze]

Although this forum is for U.S. Law, you bring a very interesting point to bear to the study of U.S. law and it's implications for the study of personal jurisdiction, and forum non conveniens.

Although not on-point for this discussion, I would suggest you familiarize yourselves with Reers, et al. v. Deutsche Bahn Ag, et al., No. 03 Civ. 5360 (S.D.N.Y. 06/03/2004) for background on International jurisdiction issues.

To answer your specific question, we would have to know the exact circumstances of the situation bringing you to this forum, the business entity (if any) and it's structure in Europe and it's relationship (if any) to the registrar of the aircraft and how the accident occurred.

It's not a simple matter of where the aircraft owner is registered to do business, as you will see by reading the above-cited case, but one of the structure of any business relationship between the owner of the craft and it's eventual controlling entity (whether it be a lessee, renter or other).

 

[ctjbdean]

Further to your helpful tip...

Delaware/Great Brittain

Thank you for your prompt reply to our initial query on forum conveniens.

The relationship between the aircraft and the pilot is simply that the pilot is the director of a company registered in Delaware, where the aircraft is registered, but the pilot is based in London, United Kingdom.

The French Civil Aviation Code stipulates that the relationship between the passengers and the aircraft is governed by the law where the aircraft is registered. This is why we need to determine what the limit on damages would be if Delaware law was to apply as according to French law, damages are limited to €114,000 (approximately $80,000) even on private non-commercial aircrafts.

It would therefore aid in bypassing the issue of jurisdiction if it could be shown that under French law, Delaware law would apply, which sets a limit on damages which is higher than French law, or which sets no limit at all. The UK position is that there is no such limit as the iarcraft concerned is not a commercial aircraft.

 

[BelizeBreeze]

From reading your reply (although the corporate formation in France is not clear to me or if it exists) it is apparent that you need to either consult with a personal injury attorney in Delaware or do some research into the business entity first.

To that end the Delaware Secretary of State's website, located here, can start you on your way.

Also, you can research the current standing of the company to which the plane is registered http://www.state.de.us/corp/directweb.shtml. There is a fee for this service but it is much cheaper than flying to Delaware or paying a researcher for the information.

If the corporation located in Delaware is, in fact, the owner of the aircraft and the pilot is also an employee/owner and there is no other business relationship anchored in France or other EU member, then you may have a cause for filing in Delaware.

On that matter, I would suggest consulting a Delaware attorney.